Power That Appears Limited, Yet Is Not
It may be said that the Emperor cannot truly be called a prisoner, even though his authority seems bounded by the laws of the universe itself. Just as a man who may roam freely within the world is not imprisoned because he cannot go beyond it, so the Emperor is not restrained simply because he rules within certain limits. Although he is said to be bound to the execution of the Mahometan Law, that same law names him its mouth and chief interpreter.
Because of this role, the Emperor is given power to alter, suspend, or even cancel rules that appear fixed and settled. At the very least, he may set them aside when they stand in the way of his government or oppose some great design of the Empire. Thus, the law that seems to restrain him also gives him the authority to reshape it.
Religious Law and Civil Authority
Among the learned doctors of the Turks, a clearer distinction is made. They argue that the Emperor is strictly bound only in matters of religion. In these cases, the Mahometan Law is considered divine and unchangeable. However, in civil matters—those concerning property, disputes, and worldly affairs—the law is said to be arbitrary. In such cases, no judge or legislator is required beyond the Emperor’s own will Sightseeing Sofia.
This belief leads to an important conclusion: the Grand Signior can never be deposed or held accountable for his actions. Some even claim that he remains beyond judgment, even if he were to destroy unjustly a great number of his subjects in a single day. Such statements show how absolute his authority is understood to be.
Witnesses, Justice, and Foreign Privileges
The Mahometan Law declares that the testimony of two faithful witnesses is enough to decide any dispute. Yet special agreements, known as Capitulations, provide exceptions for foreign nations. Under these agreements, no Turkish witnesses—no matter how many or how respected—may testify against an English subject in civil matters.
This protection exists because civil cases fall under the Emperor’s discretionary power. He may dispense with ordinary legal rules when foreign treaties require it. However, there is reason to doubt whether this protection would hold in criminal cases. Such matters belong to religious law, which is regarded as divine and binding. In these cases, even the Sultan himself has no authority to set the law aside.
The Balance of Absolute Rule
Thus, while the Emperor appears bound by law, his power remains vast. Religious law restrains him in theory, but civil authority rests almost entirely in his hands. This balance allows the Empire to function under one supreme will, guided by faith but ruled by absolute command.