This article aims to address the question of law, administrative rules and custom concerning the antiquities in Ottoman territory in the period before the 13th of February 1869 when the “Âsâr-ı Atîka Nizâmnâme,” came into force, which has repeatedly been said to be the Ottoman state’s first regulation of archaeological resources, if this is not said in respect to that promulgated in 1874, or even that of 1884, which has repeatedly been the case in the modern works on this subject published over the past thirty years. The resources employed in this research include previously unpublished Ottoman archival material concerning antiquities, addressing the matter of Ottoman antiquities regulations, as there are Ottoman Emirnâme, and administrative regulations, that include the forbidding of the export of antiquities from Ottoman territory, and placing limits upon foreign antiquarian research and on digging/excavation at ancient sites, as elsewhere in Ottoman territory in the period before 1869. The regulation of 1869 simply codified the earlier legal administrative practice concerning antiquities. For example, on the 30th of August, 1852, Edhem Paşa, was warned that care should be taken to prevent the selling of antiquities to foreigners; in a document dated 4th of May, 1865, it is seen that certain rules should be followed in excavation permits related to historical artifacts in the Ottoman State.
 The evidence from non-Ottoman sources clearly shows that Ottoman law, rule and custom forbidding the export of antiquities without explicit permission was certainly in force in the 17th century, more than two centuries before the era of Tanzimat. In 1623 the English ambassador to the Porte stated there was at that time, both law and custom forbidding the removal of antiquities from Ottoman territory. In consequence, the ambassador stated that secrecy and bribery were to be employed to remove antiquities from Ottoman territory. These same methods were likewise advised in publications of the the 18th and 19th centuries. This article suggests that a reason for the repeated emphasis in the modern literature upon the Âsâr-ı Atîka Nizâmnâme of 1869, of 1874 and of 1884, is that this serves in effect to legalize a rather large quantity of antiquities that were removed illegally, through secrecy and bribery, without permission, from Ottoman territory in the period before 1869 which are today in a wide variety of museums and collections abroad.
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