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1.4 Negotiating the power of the sultan: the


Ottoman Sened-i attifak
(Deed of Agreement), 1808
Ali Akyıldız and M. Bükrü Hanioclu

Preface
In the 1550s central authority in the Ottoman Empire began to weaken
due to world economic changes and internal disruptions, as the state slowly
changed from a perennially expanding military-conquest state to a seden-
tary empire, struggling to maintain its boundaries and the socio-political
order within those boundaries. Beginning in the late 1300s, the Ottomans
had built their state structures around a vast array of local cultures from the
Balkans around the Mediterranean to North Africa, imposing systems of
taxation and justice that often allowed local populations to maintain tradi-
tional practices. As long as these systems were followed, and as long as local
populations provided support to Ottoman imperial troops passing through
on their annual campaigns, hybrid cultures of Ottoman imperial rule and
local custom could develop with minimal disruption. As the dynasty
retreated increasingly into the palace, however, and left annual military
campaigns either poorly waged or not waged at all, local notables (ayan) in
distant cities and provinces started to gain political and economic power
that endured from one generation to another. Ottoman military officers,
including those in the elite Janissary (or slave-recruit) corps, and adminis-
trators in the provinces found themselves struggling to survive on their
tax-shares and salaries, and often actively abetted the rise of strong local
dynasties, simply by becoming part of them through intermarriage,
bribery, and military alliances between imperial forces and local militias to
maintain order. By the late 1600s influential family dynasties appeared in
Anatolia and Rumelia, often with their own military forces, control of
economic resources in their area, and increasing social authority, and the
Ottoman government was forced by its own weakness to accept the power
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of these families. Subsequently, the shifting struggles and alliances


between the state and the notables, and among the notables themselves,
changed the local balances of power throughout the empire, and created
new hybrid classes of ruling families whose roots lay both in the slave
military and administrative recruitment of the empire in its strongest days,
and in local cultures, speaking both the imperial language—Ottoman
Turkish—and local languages such as Czech and Arabic.
Several sultans from the late 1700s onwards sought to recapture their
power, most signally by establishing a new standing army loyal only to
the sultan, not to barracks officers or local military heroes. The first

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Westernizing sultan, Selim III (r. 1789–1807), lost his throne to an uprising
of the palace Janissaries whose livelihood and status were threatened by
Selim III’s ‘New Army’ with their European-style uniforms and European-
style training. In July 1808 a Balkan governor, Alemdar Mustafa Pasha,
marched at the head of a mixed force of Bosnians, Albanians, and provincial
janissary troops in an effort to return Selim III to the throne. The
appearance of this force at the gates of Istanbul led to the execution of
Selim, but Alemdar Mustafa Pasha’s military success gave him the power
to enthrone a new, reform-minded sultan, Mahmud II (r. 1808–39), and to
install himself as the grand vizier. With this incident the ayans rose to the
rank of grand vizierate for the first time in Ottoman history.
Aware of the need to bring state authorities and the ayans together, the
new grand vizier Alemdar invited the ayans to Istanbul. In October 1808 a
document of agreement called the Sened-i attifak (Deed of Agreement) was
signed between the sultan, state officials, and the ayans in attendance. This
document marked a startling change in Ottoman political and social order
at the centre and in the provinces. Some scholars compare the Sened-i attifak
to England’s Magna Carta of 1215, while others are of the opinion that the
constitutional movement in Turkey started with this document. They even
argue that the Sened-i attifak was a kind of basic constitutional draft and the
first step towards democracy.
Though exaggerated, these views indicate that the Sened-i attifak marked
a turning-point in Ottoman history. For one, the sultan himself signed an
agreement binding his state authority to work in co-operation with local
notables. Another important aspect is the use of four Qur’anic verses (two
in the text, two in the Hatt-i Humayun). The first verse is stated at the
beginning of the Sened. The verse, ‘take warning, then, o ye with eyes (to
see)’ (Q. 59: 2), points out that lessons should be learned from the problems
that the Ottoman Empire had been facing and a consensus should be
reached. The verse, ‘if anyone changes it [the bequest] after hearing it, the
guilt shall be on those who make the change. For God hears and knows (all
things)’ (Q. 2: 181), aims to urge the parties to keep their promises. The
verses in the Hatt-i Humayun are: ‘not if thou hadst spent all that is in the
earth, couldst thou have produced that affection between their hearts,
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but God hath done it’ (Q. 8: 63), and ‘to fulfil the contracts you have made’
(Q. 2: 177). These two verses stress the importance of the document and
remind the parties of their responsibilities.
The full text presented below is translated not from the original, but
from a copy approved by Mehmed azzet, director of office of the Imperial
Divan (Beylikçi) and author of the original document.

Text
In the Name of God, the Most Merciful, the Most Compassionate.

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A Copy of the Imperial Decree75


I seek refuge in God. ‘Not if thou hadst spent all that is in the earth, couldst thou
have produced that affection between their hearts, but God hath done it.’
According to the tenor of this illustrious verse of the Qur’an, it is manifest that
the reinvigoration of the religion, the Sublime State, and the whole Muslim
community depends upon the sincere unity of and concord among the high
officials and ministers, and it is evident that the accomplishment of this goal, with
the help of God, is contingent upon the continuous implementation of these aus-
picious promises and compacts. Therefore, with the grace of God, I, myself, in
my imperial capacity, undertake the execution and implementation to the letter
of the promises and recognized conditions written in this deed of agreement, and
thus let my grand vizier, my beyhülislâm,76 the viziers, the ulema, the ministers of
my state, and the notable houses of my Imperial Dominions, too—I seek refuge
in God—exert their power and resources for the execution and implementation
of the aforementioned promises to the letter for love of God, in compliance with
the sacred order ‘to fulfil the contracts you have made,’ and by applying them as
a guiding principle in the capital and provinces. If anyone commits the smallest
infraction, or, God forbid, dares to avoid the contract, let him be the object of
God’s curse and suffer serious consequences and punishment in this world and
the next.
Praise be to God, who strengthened Islam by means of men who acted with one
accord and in harmony. Peace be upon our Master Muhammad, who removed
hypocrisy and strife from his community, and his family and companions, who
struggled in concord for his cause. Now to our subject. The reason for writing
this auspicious document is that the Sublime Ottoman State, which is the bene-
factor of all, is an Islamic sultanate, and it is a self-evident fact that the conquests,
victories, glory, and might that it enjoyed from its early foundation to this very
day have been accomplished through union, unity, and the removal of selfishness
and strife; however, for some time, the passage of time has caused the elements of
order to deteriorate beyond recovery, and the power of the Imperial Sultanate to
disintegrate, and its domestic and foreign influence to be disturbed in connection
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with situations of selfishness and strife among the ministers of the state and the
provincial notable houses, and this situation brings about weakness and disorder
in the entire Muslim community, that is to say, rich and poor, high and low alike.
Young and old acknowledge that this situation has taken on a horrendous form,
and because of these aforementioned unjust and shameful acts it has reached a
point at which the very foundation of the sultanate is in utter ruins. In the name

75
This translation is based on the transliterated text of the ‘Deed of Agreement’ in Ali Akyıldız,
‘Sened-i attifakın alk Tam Metni’, aslâm Arabtırmaları Dergisi, 2 (Istanbul, 1998), 209–22.
76
This is the chief mufti (an official who provides legal opinions) in the Ottoman Empire.
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of God, the most merciful, the most compassionate, all of us comprehend and
understand that for the sake of the blessed intention of turning this disorderliness
into unity and exerting efforts toward securing and manifesting the Sublime
State’s full power, a warning must be taken from previous affairs, the pillars of the
order of state and religion must be maintained, and the highest word of God be
exalted in compliance with the illustrious verse of the Qur’an ‘take warning, then,
o ye with eyes’. This is incumbent upon piety and an obligation of loyalty. Hence
numerous meetings were held, and we exerted efforts for the reinvigoration of
the religion and the state, as a single body and in union and concord. We dis-
cussed strengthening personal power and other administrative issues, and con-
sulted on agreeable rules and recorded the articles of this unity in the contract
below.

First Article
Since our glorious, generous, majestic, and powerful sultan, who is our and the
entire world’s benefactor, is the most eminent person in the Eternal State, all of
us undertake and guarantee both the [protection of ] his sovereign imperial
person and the strengthening of the structure of his imperial sultanate by
depending upon God the Almighty’s grace and benevolence and by drawing near
to the spiritual influence of the Prophet Muhammad. If at some time either min-
isters, ulema, high officials, notable houses, or any Janissary corps commit a
betrayal or actions against orders by word or deed, secretly or overtly, let us all, in
the capital and provinces, unite to strive and exert efforts to have the individual
who dared to commit such an act punished and used as a warning to others after
an investigation. In this matter, let serious efforts also be made in union to pun-
ish anyone who manifests tolerance [of such actions] and to make him an exam-
ple to others. And if someone does not join this mutual alliance, let all of us take
action against him and force him to obey [this] article of the agreement by words
and deeds. In short, let all of us personally and with our resources undertake and
guarantee to maintain both his imperial personality and the state and power of
the Imperial Sultanate, and ensure [the implementation of] his orders and wishes,
and safeguard these against betrayal and conspiracy. As long as we live let us
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guarantee this, and afterward let our sons and noble families do so. In this way
the good will of His Majesty the Sultan toward all of us becomes apparent, and
consequently let us give necessary thanks and continuously serve and increase
our merit.
Second Article
Since the maintenance of the Sublime State and the increase of its power and
glory result in the maintenance of our personalities and noble families, all of
us agreed upon discussion that the soldiers and privates to be drafted from the
Imperial Domains for the strengthening of the power of the sultanate should be
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drafted and recruited as state’s soldiers in accordance with the order decided at
the councils that met for discussion, and this policy should be maintained, and all
of us should strive and exert efforts toward this [goal]. Let all high officials,
officials, and notable houses in the capital and provinces work seriously toward
the orderliness and orderly arrangement of [the draft]. Since this decision on the
issue of [drafting] soldiers was taken unanimously for the sake of bringing the
religion and state to the right point, if anyone permits its modification by stirring
up conspirators by claiming that this [rule] has been voided because of the chang-
ing times or something else, or if the Janissary corps disapprove or oppose this,
then let all of us take action in concord and consider anyone even uttering such
ideas, let alone those who dare to censure or terminate or alter it, to be a traitor,
and strive and exert efforts toward his punishment, rejection, and removal; let not
a single person among us differ on this issue. And since exerting efforts toward
the prevention and repression of any enemy act regardless of its origin, and
reaching against the enemy in the swiftest way, are principal rules, let no action
against this tenet be taken at any time.

Third Article
The strength and brightness of the sultanate is our primary aim, and we undertake to
work on this matter in concord. Thus, just as we work toward increasing the number
of troops in order to increase the power [of the state], so also we undertake the
maintenance of the Imperial Treasury and increase the revenues of the Sublime State.
We will, in concord, undertake the punishment of anyone who opposes the collection
and payment of them in their locations, their protection from damage and hamper-
ing, or the execution and implementation of the orders and decrees of the sultan,
as of anyone who disobeys them. Let this rule be obeyed perpetually.

Fourth Article
Heretofore the order and the rule of the Sublime State has been that the orders
and prohibitions of the sultan issue to all high-ranking statesmen and ministers,
whether in the capital or in the provinces, through the Grand Vizier. Thus,
henceforth let everyone know his superior and not set himself to interfere with
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affairs other than his duties. And let such orders and prohibitions be considered
orders and prohibitions of the sultan, and let nobody dare to disobey them. And
we will act together against anyone who interferes with affairs which are not his
own or which fall under the authority of others, and we all undertake to dismiss
such an individual affirming that, despite the universal ban on interference, he
had interfered in an affair that fell under the authority of someone else. All affairs
must be submitted to the Grand Vizier and authorization be asked from him,
and everyone must [act] in accordance with the orders and judgements [issued].
In addition, let all of us act against unlawful subornation and corruption violating

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mutual agreement, and work toward preventing other disagreeable actions that
may be initiated by the illustrious offices of the Grand Vizier and may immediately
harm the provinces and the Sublime State’s internal situation. And we unanimously
promise that if a Grand Vizier falsely calumniates anyone or holds a personal
grudge on the grounds of his telling him to prevent [such actions], we will prevent
the former and protect the latter, thus let these [rules] be perpetually respected.

Fifth Article
As we all guarantee and undertake to protect the sultan’s imperial person, the
sultanate’s power, and the state’s order, let all the local notable houses, notables,
ministers, high officials, and dignitaries who participated in this agreement, alike
guarantee and undertake each other’s personal safety and that of their families,
because it is a clear fact that the local notable houses and chief men in the
provinces must have confidence in the Sublime State, that the trust between the
high officials and dignitaries of the state in the capital is of utmost importance,
and that security and tranquility of mind may only be acquired through the union
and mutual agreement of all and through their joint guarantee and pledge for
each other. In this manner, if an assault or act of treachery or a conspiracy is per-
petrated by the Sublime State or viziers in the provinces against one of the local
notable houses, when it has not committed any act violating the conditions of the
agreement, or if such acts are carried out by notable houses against each other,
then let all of us in concord work toward punishment and preventing it, regard-
less of distance. And since all ministers will guarantee and undertake the continu-
ance and maintenance of the leaders of the notable houses as long as they are
alive, and afterward of their families, those local notable houses should likewise
provide pledges and guarantees for those notables and chief men under their
administration. And let nobody be permitted to plot against the lives of those
local notables or chief men out of greed or anything else. If the guilt or treachery
of one of them in violating his guarantees and agreement becomes apparent, then
let the local notable house in charge work toward his dismissal, punishment, and
replacement with somebody else, after carrying out an investigation and submit-
ting information to the Grand Vizier. And let nobody force his way or transgress
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into any area that is even a span outside the region entrusted to him. Let all take
action, regardless of distance, if somebody carries out such an assault, and prevent
him. And if he does not take warning, let us work unanimously toward prevention
and punishment of the person who is responsible for the strife. And let all chief
men, local notable houses, and local notable leaders unanimously strengthen
their work toward suppressing revolts and strife. And let us also unanimously
work toward punishment and correction of anyone who mistreats and oppresses
the poor or opposes the implementation of the sacred beriat. And since all the
local notable houses and chief men in the provinces guarantee and undertake to

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work toward preventing any treachery or plot arising out of provocation or


conspiracy, against ministers, ulema, high officials, and state officials at any time,
and to prevent any punishment unless somebody’s guilt has become apparent in the
eyes of all, just as in the case of the guarantee given to all local notable houses and
notables, let nobody act against this. And if because of human nature somebody’s
guilt becomes apparent, upon manifestation of this guilt to all, let the person be
punished by the Grand Vizier’s Office according to the degree of his offence.
Sixth Article
If any rebellion or conspiracy led by the Janissary corps in Istanbul or elsewhere
should occur, all local notable houses will hasten to reach Istanbul and those per-
sons and Janissary corps who dared [to act in this way] will be removed or abol-
ished. That is to say, those persons or military groups who caused such rebellion
and conspiracy should be investigated, and in the case of a military group, they
should be subdued and punished, and their revenues and muster rolls should be
annulled, as in the case of the soldiers of the Bosphorus Castle [palace corps] who
engaged in conspiracies; in the case of individuals, they should be executed upon
investigation regardless of their class. All local notable houses and chief men in
the provinces undertake this, and they all guarantee Istanbul’s security and order-
liness. Thus let us unanimously and continuously work and exert efforts toward
acquiring the means necessary to establish such a strong bond.
Seventh Article
Since it is essential to protect and support the poor and taxpaying subjects, it is
necessary that the local notable houses and chief men in the provinces pay atten-
tion to public order in the districts under their administration, and that they be
moderate in levying taxes on the poor and taxpaying subjects. Thus, let everyone
give serious attention to establishing and continuously implementing any deci-
sion to be taken by ministers and local notable houses after discussion in regard
to preventing oppression and adjusting taxes, and let everyone give serious atten-
tion to preventing oppression and transgression from taking place in contraven-
tion of these decisions. And let local notable houses scrutinize each other and
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inform the Sublime State if one such house commits oppression and transgres-
sion in violation of orders and the sacred beriat, and let all local notable houses
unanimously work toward preventing such actions.
Since the said seven articles have been decided upon through discussion, and
an oath in the name of God and Prophet has been taken not to act against it, the
present legal document is written and copied for the sake of preserving these solemn
promises. ‘If anyone changes it [the bequest] after hearing it, the guilt shall be
on those who make the change. For God hears and knows.’ Written in the middle
ten days [evasıt] of the honored month of Baban in the one thousand two hundred
and twenty-second year of the noble and glorious hicret (hijra) [October 1808].
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Appendix
The articles included in this legal document are fundamental principles in
strengthening and reinvigorating the religion and the Sublime State with the
help of God. Thus its perpetual implementation as a guiding principle is a duty.
In order to prevent it from being altered because of changing times and new
appointments, those persons who henceforth honor the posts of the Grand
Vizirate and the Mebihat [office of the beyhülislam] by their presence will read and
sign this document, and work toward its execution to the letter upon their initial
appointment in their offices. And in the event of replacement, in order to avoid
any delay in the reading of this deed, the Director of the Imperial Divan should
immediately take the original deed from the office upon a new appointment
to the Grand Vizierate and Mebihat, inform the steward of the Grand Vizier
and the Minister of Foreign Affairs, and bring it to the persons who sit on
the posts of the Grand Vizierate and Mebihat. Let this practice be recorded in the
office of the Imperial Divan, and regarded as a guiding principle. And since
copies of this deed will be given to the necessary people, let a copy of it be kept by
His Majesty the sultan, and let our Imperial Majesty personally supervise its
continued and perpetual implementation.
Guarantor of its contents, Mustafa, Grand Vizier (seal)77
Guarantor of the execution of its contents, Mehmed Salihzâde Ahmed Escad,
may they be forgiven (seal)
Guarantor of the execution of its contents, Esseyyid Abdullah Râmiz, Grand
Admiral (seal)
Guarantor of its contents, Abdurahman, Vizier, Governor of Anatolia (seal)
Guarantor of what is written in it, Mehmed Dervib Chief Military Judge of
Rumelia (seal)
Guarantor of the execution of its contents, Dürrizâde Esseyyid Abdullah,
Representative of the Sharif of Mecca in Istanbul (seal)
I have looked at the contents and found them to be correct, and I guarantee its
contents. Written by Emin Pabazâde Mehmed Emin, the servant who prays for
the Sublime State. Holder of the rank of Military Judge of Rumelia (seal)
under U.S. or applicable copyright law.

Guarantor of what is written in it, Hâfız Ahmed Kâmilî, Military Judge of


Anatolia (seal)
Guarantor of what is written in it, Mehmed Tahir, Qadi of Istanbul (seal)
And one of the guarantors, Mustafa Refik, Steward of the Grand Vizier (seal)
And one of the guarantors, Mustafa Aca, Agha [Commander] of the Janissaries at
the Sultan’s Court (seal)
And one of the guarantors, Mehmed Emin Behic, Minister of Finance (seal)

77
‘Cây-ı Mühr’: Literally place of the seal, i.e. his seal appeared here in the original document, of
which this is a copy.
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And one of the guarantors, Esseyyid Mehmed Sacid Galib, Minister of Foreign
Affairs (seal)
And one of the guarantors, Mustafa Rebid, Former Steward of one of the Sultan’s
Equerries (seal)
And one of the guarantors, Esseyyid Ali, Minister of the Navy (seal)
And one of the guarantors, Mehmed Emin, Senior Officer in charge of daybook
of receipts and expenditures (seal)
And one of the guarantors, Süleyman Cabbarzâde (seal)
And one of the guarantors, asmail Serezî (seal)
And one of the guarantors, Elhac Ömer Karaosmanzâde (seal)
And one of the guarantors, Ahmed, who is the senior accountant (seal)
And one of the guarantors, Mehmed, Agha [Commander] of the Cavalry Troops
at the Sultan’s Court (seal)
And one of the guarantors, Mehmed azzet, Director of the Imperial Divan, the
writer of this (seal)
And one of the guarantors, Hüseyin Hüsni, Director of the office in charge of
correspondence between the Imperial Palace and the Grand Vizier’s Office
(seal)
And one of the guarantors, Mustafa, Governor of Çirmen (seal)
under U.S. or applicable copyright law.

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