Daily Archives: 19 September 2014

Ottoman Romania: dar al-dhimma

From A Concise History of Romania (Cambridge Concise Histories), by Keith Hitchins (Cambridge, 2014), Kindle Loc. 581-601:

The juridical relationship that evolved between the principalities and the Ottoman state in the fifteenth and sixteenth centuries owed as much to Ottoman pragmatism and legal theory as to the political and social conditions prevailing in Moldavia and Wallachia and the international circumstances of the time. From the perspective of the Islamic law of nations, which the Ottomans observed, the principalities lay in an intermediate zone between dar al-harb (the domain of war), that is, territories contested between the Muslim state and its enemies, and dar al-Islam (the domain of Islam), territories where their inhabitants were subject to a Muslim ruler and Islamic law. The principalities by the sixteenth century clearly no longer belonged to the former, but they had not entered the latter. Some historians have placed them in dar al-sulh (the domain of peace) or dar al-‘ahd, territory acquired by the Muslim ruler by treaty; still others, in accordance with the Hanafite school of law, which predominated in the Ottoman Empire, have assigned them to dar al-muvâda’a (the domain of armistice) or dar al-dhimma (the domain of protection and tribute). The latter two terms may represent most accurately the two main phases through which Ottoman–Romanian relations passed, the years 1538–41 marking the dividing line. At the beginning of their encounter, the principalities were vassal states obliged to pay the tribute and render military service, and, then, as the relationship grew tighter, the sultan, for his part, assumed certain responsibilities toward the principalities, notably to give them protection.

The arrangement that thus emerged enabled Moldavia and Wallachia to escape incorporation into the Ottoman political system, as had happened to the Christian states south of the Danube. Various ‘ahd-names and berāts (writs of appointment) granted by the sultans allowed the principalities almost full internal autonomy. Thus, the sultan acknowledged the right of the prince and the boiers to rule “in accordance with custom” and forbade Turkish civil and military officials or the Muslim clergy to involve themselves in the internal affairs of the principalities. He allowed the boiers to elect the prince, but reserved to himself the right to approve their choice and to invest the new prince with the insignia of his office. As a consequence of autonomy, the laws and legal system, the social structure, landholding and agrarian relations, cultural and intellectual life, and the status of the Orthodox Church were left unchanged. But the sultan took charge of foreign affairs, prohibiting the princes from maintaining diplomatic contacts with foreign states or conclude treaties with them, and he undertook to defend the principalities against foreign attack.


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Hapsburg–Romanian Act of Union, 1701

From A Concise History of Romania (Cambridge Concise Histories), by Keith Hitchins (Cambridge, 2014), Kindle Loc. 1037-1075:

Circumstances created an unlikely community of interests between the Habsburgs and the leading element of Romanian society – the upper clergy. In search of allies for their campaign to overturn the dominance of the three nations the Habsburgs looked to the Romanians, who could hardly be defenders of a political and social order that disdained them as outsiders. They recognized the inconvenience of the Romanians’ Orthodoxy, but they had at hand a stratagem that had proved effective among the Ruthenians in the seventeenth century – the Church Union with Rome based on the principles enunciated at the synod of Ferrara-Florence in 1439, which had temporarily ended the schism between the Byzantine and Western churches. The Church Union with the Romanians would serve perfectly the purposes of the Habsburgs, who were intent on using the Roman Catholic Church as one of the instruments for holding together the empire’s diverse territories. Thus, under the supervision of the Roman Catholic Primate of Hungary, Cardinal Leopold Kollonich, negotiations with the Romanian Orthodox bishop and his archpriests, which were conducted by the Jesuits, who returned to Transylvania with Habsburg armies, resulted in the Act of Union of 1701. Under its terms the Orthodox clergy and faithful acknowledged the Pope of Rome as the visible head of the Christian Church and accepted the use of unleavened bread in the Communion, the existence of Purgatory, and the procession of the Holy Spirit from the Father and the Son. But all other matters, including canon law, ritual, and practices such as a married parish clergy, remained untouched. In return the Romanian clergy were to enjoy the same rights and privileges as the members of the three nations among whom they lived. In this way the Habsburgs gained the good will of an influential elite, who could, if they chose, foster imperial aims among the large rural population. In time, so the Habsburgs and Kollonich reasoned, the Romanian clergy would come to see the Church Union as a step toward conversion to Roman Catholicism. The now Greek Catholic, or Uniate, clergy acquired, or at least were promised, social and political benefits befitting their station. The Court of Vienna chose to believe that the actions of the clergy also signified the acceptance of the Union by the mass of Romanian peasants, and thus it regarded the Orthodox Church as having ceased to exist.

The Church Union with Rome marked a turning point in the history of the Romanians of Transylvania. It opened to them Western cultural and intellectual influences of the most diverse sorts by providing the new Greek Catholic clergy with unprecedented opportunities for higher education in Roman Catholic lyceums in Transylvania and universities in Rome, Vienna, and Trnava (Nagyszombat). The aim of the Habsburgs and Kollonich was to form a well-educated and devoted Greek Catholic clergy that would be inspired to gain adherents for the Union among the mass of the rural population. But events were to take a different course. In time, rare (for Romanians) educational opportunities and the experience of Central Europe enabled the Greek Catholic clergy to assume political as well as spiritual leadership of the Romanians as they organized the struggle to end discrimination against Romanians and raise themselves to the rank of a fourth nation.

No less important a consequence of the Union was the sense of identity which it fostered and which by mid-century the clerical elite had transformed into a new idea of nation. Inspired by their bishop Ion Inochentie Micu-Klein (bishop, 1729–44), who was conscious of Roman origins and regarded his church as a bridge between East and West, they conceived of nation in ways that differed fundamentally from the privileged communities represented by the three nations. The nation the clergy served was ethnic, and it encompassed all Romanians, even if social distinctions remained strong. They accepted without debate their descent from the Roman conquerors of Dacia and the Latin origins of their language, but they were not modern nationalists, as they did not go so far as to make either history or language, that is, ethnicity, the justification for equality with the three nations. Rather, they still depended on the diplomas of emperors and kings and other authoritative juridical documents for that purpose. Yet, they conceived of the Church Union as significant beyond the bounds of religion. It was for them a return to Rome, to the ethnic origins that ultimately defined them. At the same time, they expressed devotion to their Eastern cultural and religious heritage and were utterly opposed to making their Greek Catholic Church more Latin.

The mass of the peasants reacted to the Church Union very differently from the clerical elite. They resisted it with all their being, an obstinacy that reveals a mental climate in the villages beholden to tradition and a sense of community defined by religion. The Greek Catholic clergy, who were trained to be missionaries of the Union in the countryside, in fact did little. They were deeply aware of how devoted the peasants were to Orthodox rituals and practices, and even though the Union made no changes in either, they were anxious to avoid the upheaval they knew even the mention of Rome and the Pope would cause. The great majority of peasants, therefore, did not know that the clergy had accepted the Union and that they, too, were considered Uniates.

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Hapsburg Transylvania’s Union of Three Nations, 1438

From A Concise History of Romania (Cambridge Concise Histories), by Keith Hitchins (Cambridge, 2014), Kindle Loc. 1018-1031:

The Habsburgs in Transylvania were confronted by institutions and mentalities that slowed the absorption of the principality into the general structures of the empire. To succeed, then, they would have to undermine those autonomies that had arisen since the era of settlement by the Hungarians, Saxons, and Szeklers and had taken form in the so-called Union of the Three Nations in 1438. The Union evolved into a monopoly of power and privilege imposed by the Hungarian nobility, the Saxon urban patriciate, and the upper classes among the Szeklers. They were the three nations. Social class, not ethnicity, determined membership, and, thus, the masses of Hungarian, Saxon, and Szekler peasants and others were excluded. The three nations in the fifteenth century were, naturally, Roman Catholic, but in the sixteenth century the Protestant Reformation made many converts among the Hungarians (Calvinist and Unitarian), Saxons (Lutheran), and Szeklers (Calvinist). The new Protestants and the remaining Roman Catholics eventually reached an understanding, and adherence to one of their churches became a condition of political privilege, that is, of membership in one of the nations. The three nations and four churches formed the backbone of Transylvania’s autonomy when the Habsburgs arrived. The Romanians, who composed perhaps half the population of Transylvania in the early eighteenth century, were not a part of this system. They were excluded because they were Orthodox and overwhelmingly peasant.

During these centuries the Romanian Orthodox Church had led a precarious existence as merely tolerated by the three nations, but had, nonetheless, been able to maintain an administrative organization and a hierarchy presided over by a Metropolitan in the sixteenth and seventeenth centuries. In the seventeenth century the church was subject to heavy pressure from the Calvinist princes who were determined to convert the Orthodox clergy and faithful to Calvinism.

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