Çeşmigezek Livası Kanunnamesi (1518)

The Çemişgezek Livası Kanunnamesi is a document dated 1518 that provides detailed insight into how the Ottoman Empire established order in its newly acquired territories in Eastern Anatolia. This kanunname goes beyond merely recording taxes and population counts; it outlines the Ottoman administrative and legal approach toward conquered regions. Adhering to the traditional principle of “kanun-ı kadim” (adherence to customary laws), the Ottomans did not immediately replace the local population’s established tax systems and social practices but instead integrated them into their central legal framework. This approach is particularly evident in the continued application of laws previously enacted by the Akkoyunlu ruler Uzun Hasan and the Mamluk Sultan Kaytbay. The document meticulously details the tax obligations of the reaya (rural population), revealing the fundamental elements of the Ottoman tax system—such as resm-i çift, resm-i bennak, resm-i mücerred, and ispence—as well as agricultural levies—including öşür, ağnam, zemin resmi, and deştbani—and commercial taxes such as bac and tamga. At the same time, it reflects Ottoman reforms such as the abolition of arbitrary taxes and the establishment of legal stability, making it a valuable source for social and legal history.

Historical and Legal Context of the Kanunname

The Çemişgezek Livası Kanunnamesi is one of several examples illustrating how the Ottoman state organized governance in newly incorporated territories following its expansion along the eastern frontier. When this document was drafted, the Ottoman administration adhered to the principle of “kanun-ı kadim” (loyalty to ancient customs and laws). Although the kanunname is presented as being “ber muceb-i kanun-ı Osmanî” (in accordance with Ottoman law), its content retains traces of pre-Ottoman local practices.

The Ottomans did not immediately alter the tax systems of the populations they conquered. In particular, in Eastern and Southeastern Anatolia, the laws established by Uzun Hasan of the Akkoyunlu remained in force for a long time, as clearly shown in the 1518 tahrir register. Indeed, in sanjaks such as Çemişgezek, Harput, and Arapkir, regulations similar to those of Uzun Hasan continued to be applied. In some cases, these older provisions were recorded in Ottoman registers under their original titles.

Moreover, it is known that certain regulations from the periods of the Mamluk Sultan Kaytbay and the Dulkadiroğlu ruler Alaüddevle were also preserved in some regions. In places like Çemişgezek, these local customs were gradually blended into Ottoman kanunnames. Thus, while ensuring rapid social stability in the region, the Ottomans also methodically established their central legal system.

The legal significance of the kanunname emerges precisely at this point: on one hand, it defines the tax obligations of the reaya; on the other, it demonstrates how the Ottoman legal system was adapted to the region.

Tax System and Raiyyet Rüsumu

The 1518 Çemişgezek Livası Kanunnamesi provides a detailed account of taxes levied on the population (reaya). In the Ottoman tax system, the primary taxes collected from the reaya are collectively termed “raiyyet rüsumu.” Among these, the most important are resm-i çift, resm-i bennak, and resm-i mücerred.

• A peasant cultivating a full çift (farm unit) was required to pay 50 akças annually as “çift resmi.” If cultivating half a çift, the amount was halved to 25 akças. Married men not engaged in agriculture or owning little land paid 12 akças as “bennak resmi.” Unmarried men (mücerred) were also charged 12 akças.
• In the 1541 kanunname, an additional tax of 6 akças called “ırgadiye” was introduced. This was a form of corvée payment collected from married men who did not work the land. Although not explicitly mentioned in the 1518 kanunname, evidence suggests it was already in practice.
• Non-Muslims were exempt from çift, bennak, or mücerred taxes; instead, they paid a fixed annual tax of 25 akças called “ispence.” Non-Muslim unmarried men also paid 12 akças in ispençe.

All these taxes reflect the obligations of both Muslim and non-Muslim reaya toward the state.

Land Use and Agricultural Taxation

Due to its mountainous terrain, most of the land in Çemişgezek Livası was unsuitable for cultivation as full çift units. Consequently, land was distributed among peasants in smaller parcels. In accordance with this reality, the 1518 kanunname stipulated that a “zemin resmi” of one akça would be levied for every two dönüm of land.

Taxes on agricultural produce are termed “öşür.” The 1518 kanunname specifies that öşür, amounting to one-fifth of the harvest, was to be collected from both Muslim and non-Muslim cultivators without distinction.

The “ağnam” tax was applied to livestock. One akça was collected for every two sheep, and each household using summer pastures (yaylak) was required to provide one nefi (a container of fat).

An additional tax, called “deştbani,” was levied as compensation for animals damaging crops: five akças were charged for each horse or ox. These provisions clearly illustrate how land use was regulated and how agricultural production was taxed.

Commercial Taxes and Legal Practices

The 1518 Çemişgezek Livası Kanunnamesi provides information not only on agriculture and population but also on commercial life and legal administration. In this sanjak, located along major trade routes, taxes on commerce and the movement of goods were carefully regulated.

The foremost commercial tax was bac, levied on goods sold within the town. For example, a load of silk sold in the town incurred a bac tax of three eşrefî gold coins. Additionally, 12 akças were paid to the official known as the noktabaşı. Goods such as linen, soap, grapes, cloth, cotton (penbe), and iron were taxed at varying rates both when passing through and when sold locally. A distinction existed between goods merely transiting the town and those sold there. For instance, soap passing through incurred a tax of six akças, but if sold, an additional tax of one-twentieth was levied.

Tamga, another commercial tax, was a stamp duty applied according to the quantity or value of various goods. Tamga was collected on animals, textiles, spices, and other products, and this system was inherited from pre-Ottoman practices.

At the same time, the kanunname established a balance between şer‘î (religious) and örfî (customary) law. For example, heavy and arbitrary taxes imposed on the population were abolished after the Ottoman conquest. In their place, taxes grounded in religious and customary principles were introduced, thereby reducing the burden on the people.

Furthermore, certain outdated practices were entirely abolished by imperial decree (“emr-i hümayun”), and it was stipulated that only valid and legitimate taxes were to be recorded in the registers. This demonstrates the Ottoman aim to protect the population and eliminate arbitrary taxation.