Without this indulgence, the conqueror would have almost been stripped

of his infant kingdom, which consisted only of Jerusalem and Jaffa, with

about twenty villages and towns of the adjacent country. Within this

narrow verge, the Mahometans were still lodged in some impregnable

castles: and the husbandman, the trader, and the pilgrim, were exposed

to daily and domestic hostility. By the arms of Godfrey himself, and of

the two Baldwins, his brother and cousin, who succeeded to the throne,

the Latins breathed with more ease and safety; and at length they

equalled, in the extent of their dominions, though not in the millions

of their subjects, the ancient princes of Judah and Israel. After

the reduction of the maritime cities of Laodicea, Tripoli, Tyre, and

Ascalon, which were powerfully assisted by the fleets of Venice, Genoa,

and Pisa, and even of Flanders and Norway, the range of sea-coast

from Scanderoon to the borders of Egypt was possessed by the Christian

pilgrims. If the prince of Antioch disclaimed his supremacy, the counts

of Edessa and Tripoli owned themselves the vassals of the king of

Jerusalem: the Latins reigned beyond the Euphrates; and the four cities

of Hems, Hamah, Damascus, and Aleppo, were the only relics of the

Mahometan conquests in Syria. The laws and language, the manners and

titles, of the French nation and Latin church, were introduced into

these transmarine colonies. According to the feudal jurisprudence, the

principal states and subordinate baronies descended in the line of

male and female succession: but the children of the first conquerors, a

motley and degenerate race, were dissolved by the luxury of the climate;

the arrival of new crusaders from Europe was a doubtful hope and a

casual event. The service of the feudal tenures was performed by six

hundred and sixty-six knights, who might expect the aid of two hundred

more under the banner of the count of Tripoli; and each knight was

attended to the field by four squires or archers on horseback. Five

thousand and seventy sergeants, most probably foot-soldiers, were

supplied by the churches and cities; and the whole legal militia of the

kingdom could not exceed eleven thousand men, a slender defence against

the surrounding myriads of Saracens and Turks. But the firmest bulwark

of Jerusalem was founded on the knights of the Hospital of St. John, and

of the temple of Solomon; on the strange association of a monastic and

military life, which fanaticism might suggest, but which policy must

approve. The flower of the nobility of Europe aspired to wear the cross,

and to profess the vows, of these respectable orders; their spirit

and discipline were immortal; and the speedy donation of twenty-eight

thousand farms, or manors, enabled them to support a regular force of

cavalry and infantry for the defence of Palestine. The austerity of

the convent soon evaporated in the exercise of arms; the world was

scandalized by the pride, avarice, and corruption of these Christian

soldiers; their claims of immunity and jurisdiction disturbed the

harmony of the church and state; and the public peace was endangered by

their jealous emulation. But in their most dissolute period, the knights

of their hospital and temple maintained their fearless and fanatic

character: they neglected to live, but they were prepared to die, in the

service of Christ; and the spirit of chivalry, the parent and offspring

of the crusades, has been transplanted by this institution from the holy

sepulchre to the Isle of Malta.

The spirit of freedom, which pervades the feudal institutions, was felt

in its strongest energy by the volunteers of the cross, who elected for

their chief the most deserving of his peers. Amidst the slaves of Asia,

unconscious of the lesson or example, a model of political liberty was

introduced; and the laws of the French kingdom are derived from the

purest source of equality and justice. Of such laws, the first and

indispensable condition is the assent of those whose obedience they

require, and for whose benefit they are designed. No sooner had Godfrey

of Bouillon accepted the office of supreme magistrate, than he solicited

the public and private advice of the Latin pilgrims, who were the best

skilled in the statutes and customs of Europe. From these materials,

with the counsel and approbation of the patriarch and barons, of the

clergy and laity, Godfrey composed the Assise of Jerusalem, a precious

monument of feudal jurisprudence. The new code, attested by the seals of

the king, the patriarch, and the viscount of Jerusalem, was deposited in

the holy sepulchre, enriched with the improvements of succeeding times,

and respectfully consulted as often as any doubtful question arose in

the tribunals of Palestine. With the kingdom and city all was lost: the

fragments of the written law were preserved by jealous tradition and

variable practice till the middle of the thirteenth century: the code

was restored by the pen of John d'Ibelin, count of Jaffa, one of the

principal feudatories; and the final revision was accomplished in the

year thirteen hundred and sixty-nine, for the use of the Latin kingdom

of Cyprus.

The justice and freedom of the constitution were maintained by two

tribunals of unequal dignity, which were instituted by Godfrey of

Bouillon after the conquest of Jerusalem. The king, in person, presided

in the upper court, the court of the barons. Of these the four most

conspicuous were the prince of Galilee, the lord of Sidon and CÊsarea,

and the counts of Jaffa and Tripoli, who, perhaps with the constable and

marshal, were in a special manner the compeers and judges of each other.

But all the nobles, who held their lands immediately of the crown, were

entitled and bound to attend the king's court; and each baron exercised

a similar jurisdiction on the subordinate assemblies of his own

feudatories. The connection of lord and vassal was honorable and

voluntary: reverence was due to the benefactor, protection to the

dependant; but they mutually pledged their faith to each other; and the

obligation on either side might be suspended by neglect or dissolved

by injury. The cognizance of marriages and testaments was blended with

religion, and usurped by the clergy: but the civil and criminal causes

of the nobles, the inheritance and tenure of their fiefs, formed the

proper occupation of the supreme court. Each member was the judge and

guardian both of public and private rights. It was his duty to assert

with his tongue and sword the lawful claims of the lord; but if an

unjust superior presumed to violate the freedom or property of a vassal,

the confederate peers stood forth to maintain his quarrel by word and

deed. They boldly affirmed his innocence and his wrongs; demanded the

restitution of his liberty or his lands; suspended, after a fruitless

demand, their own service; rescued their brother from prison; and

employed every weapon in his defence, without offering direct violence

to the person of their lord, which was ever sacred in their eyes. In

their pleadings, replies, and rejoinders, the advocates of the court

were subtle and copious; but the use of argument and evidence was often

superseded by judicial combat; and the Assise of Jerusalem admits in

many cases this barbarous institution, which has been slowly abolished

by the laws and manners of Europe.

The trial by battle was established in all criminal cases which

affected the life, or limb, or honor, of any person; and in all civil

transactions, of or above the value of one mark of silver. It appears

that in criminal cases the combat was the privilege of the accuser, who,

except in a charge of treason, avenged his personal injury, or the death

of those persons whom he had a right to represent; but wherever, from

the nature of the charge, testimony could be obtained, it was necessary

for him to produce witnesses of the fact. In civil cases, the combat was

not allowed as the means of establishing the claim of the demandant;

but he was obliged to produce witnesses who had, or assumed to have,

knowledge of the fact. The combat was then the privilege of the

defendant; because he charged the witness with an attempt by perjury to

take away his right. He came therefore to be in the same situation as

the appellant in criminal cases. It was not then as a mode of proof that

the combat was received, nor as making negative evidence, (according to

the supposition of Montesquieu; ) but in every case the right to offer

battle was founded on the right to pursue by arms the redress of an

injury; and the judicial combat was fought on the same principle, and

with the same spirit, as a private duel. Champions were only allowed to

women, and to men maimed or past the age of sixty. The consequence of a

defeat was death to the person accused, or to the champion or witness,

as well as to the accuser himself: but in civil cases, the demandant

was punished with infamy and the loss of his suit, while his witness and

champion suffered ignominious death. In many cases it was in the option

of the judge to award or to refuse the combat: but two are specified,

in which it was the inevitable result of the challenge; if a faithful

vassal gave the lie to his compeer, who unjustly claimed any portion of

their lord's demesnes; or if an unsuccessful suitor presumed to impeach

the judgment and veracity of the court. He might impeach them, but the

terms were severe and perilous: in the same day he successively fought

_all_ the members of the tribunal, even those who had been absent; a

single defeat was followed by death and infamy; and where none could

hope for victory, it is highly probable that none would adventure the

trial. In the Assise of Jerusalem, the legal subtlety of the count

of Jaffa is more laudably employed to elude, than to facilitate, the

judicial combat, which he derives from a principle of honor rather than

of superstition.

Among the causes which enfranchised the plebeians from the yoke of

feudal tyranny, the institution of cities and corporations is one of

the most powerful; and if those of Palestine are coeval with the first

crusade, they may be ranked with the most ancient of the Latin world.

Many of the pilgrims had escaped from their lords under the banner of

the cross; and it was the policy of the French princes to tempt their

stay by the assurance of the rights and privileges of freemen. It is

expressly declared in the Assise of Jerusalem, that after instituting,

for his knights and barons, the court of peers, in which he presided

himself, Godfrey of Bouillon established a second tribunal, in which

his person was represented by his viscount. The jurisdiction of this

inferior court extended over the burgesses of the kingdom; and it was

composed of a select number of the most discreet and worthy citizens,

who were sworn to judge, according to the laws of the actions and

fortunes of their equals. In the conquest and settlement of new cities,

the example of Jerusalem was imitated by the kings and their great

vassals; and above thirty similar corporations were founded before

the loss of the Holy Land. Another class of subjects, the Syrians,

or Oriental Christians, were oppressed by the zeal of the clergy, and

protected by the toleration of the state. Godfrey listened to their

reasonable prayer, that they might be judged by their own national laws.

A third court was instituted for their use, of limited and domestic

jurisdiction: the sworn members were Syrians, in blood, language, and

religion; but the office of the president (in Arabic, of the _rais_)

was sometimes exercised by the viscount of the city. At an immeasurable

distance below the _nobles_, the _burgesses_, and the _strangers_, the

Assise of Jerusalem condescends to mention the _villains_ and _slaves_,

the peasants of the land and the captives of war, who were almost

equally considered as the objects of property. The relief or protection

of these unhappy men was not esteemed worthy of the care of the

legislator; but he diligently provides for the recovery, though not

indeed for the punishment, of the fugitives. Like hounds, or hawks, who

had strayed from the lawful owner, they might be lost and claimed: the

slave and falcon were of the same value; but three slaves, or twelve

oxen, were accumulated to equal the price of the war-horse; and a sum of

three hundred pieces of gold was fixed, in the age of chivalry, as the

equivalent of the more noble animal.

End of Volume V.

History of the Decline and Fall of the Roman Empire — Volume 5(#894) · 第 44 / 44 段