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example, and Genoa, Pisa and Venice all obtained capitulations. The explanation of the practice is to be found in the fact that the sovereignty of the state was held in those ages to apply only to its subjects; foreigners were excluded from its rights and obligations. The privilege of citizenship was considered too precious to be extended to the alien, who was long practically an outlaw. But when the numbers, wealth and power of foreigners residing within the state became too great, it was found to be politic to subject them to some law, and it was held that this law should be their own. When the Turkish rule was substituted for that of the Byzantine emperors, the system already in existence was continued; the various non-Moslem peoples were allowed their semi-autonomy in matters affecting their personal status, and the Genoese of Galata were confirmed in their privileges. But the first capitulation concluded with a foreign state was that of 1535 granted to the French. Lest it should be imagined that this was a concession wrested by the victorious Christian monarch from the decadent Turk, it should be borne in mind that Turkey was then at the height of her power, and that Francis I. had shortly before sustained a disastrous defeat at Pavia. His only hope of assistance lay in Suleiman I., whose attack on Vienna had been checked by the victorious Charles V. The appeal to Suleiman on the ground of the common interest of France and Turkey in overcoming Charles V.'s overweening power was successful; the secret mission of Frangipani, an unofficial envoy who could be disowned in case of failure, paved the way for De la Forest's embassy in 1534, and in 1536 the capitulations were signed.[1] They amounted to a treaty of commerce and a treaty allowing the establishment of Frenchmen in Turkey and fixing the jurisdiction to be exercised over them: individual and religious liberty is guaranteed to them, the king of France is empowered to appoint consuls in Turkey, the consuls are recognized as competent to judge the civil and criminal affairs of French subjects in Turkey according to French law, and the consuls may appeal to the officers of the sultan for their aid in the execution of their sentences. This, the first of the capitulations, is practically the prototype of its successors. Five years later, similar capitulations were concluded with Venice. The capitulations were at first held to be in force only during the lifetime of the
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