The Continental Monthly, Vol. 4, No. 5, November, 1863 — John Shaqi
The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
Before passing to a notice of the law book of the Crusaders, it is
necessary to premise a brief statement of the political condition upon
which this system of law was based, since it is only by knowing this
that we can understand the laws.
When the Christian kingdom of Asia was in its bloom, it consisted of
four provinces, viz.: 1, the principality of Antioch; 2, the duchy of
Edessa; 3, the principality of Syria or Jerusalem; and 4, the duchy of
Tripolis. These four formed the kingdom of Jerusalem, of which they were
feudal dependencies. The principality of Jerusalem was the home domain
of the king of Jerusalem, as Hugh Capet, for instance, was duke of
France and king in France.
The kings of Jerusalem, like those of France, surrounded themselves with
four crown officers, viz.: the seneschal, constable, marshal, and
chamberlain, whose authority and influence were the same as those of the
name in Europe.
Each of the above-named divisions was again subdivided into baronies and
greater fiefs, the holders of which were called 'men of the kingdom.'
The lower vassals were designated by the name of 'liegemen.' Among them
were, however, included the immediate servants of the king, ranking with
the class from which higher officials are taken in Europe.
The king executed justice in a court constituted of peers, and called
the high court,[3] and the laws which governed its decisions were called
'assizes of the high court.'[4]
Those barons who held courts and administered justice to their vassals
scattered over the land, of which there were twenty-two in the
principality of Syria, based their decisions also upon these assizes;
they did not, however, sit in their own right as patrimonial judges, but
by royal concession, and the king could at any time he chose preside
over these courts, associating with himself any number of his liegemen
to sit with him.
Besides these noble vassals, called also the 'chivalry of the
kingdom,'[5] there was a very considerable Latin population who held no
fiefs, but still were perfectly free men, and were designated as
citizens.[6] We find in our work no statement of their political
relations; we only know that they had their own law, and that in the
issue of the ordinances for the government of their towns or cities,
they had a right to participate, and were obliged, in case of need in
the land of Jerusalem, to furnish, as were also the clergy, a certain
quota of foot soldiers.
To this Latin population justice was administered by a court of sworn
burghers, presided over in Jerusalem itself by the viscount of the
kingdom, and elsewhere by the viscounts or bailiffs of the several
cities. Of these courts there were thirty-seven in the principality of
Jerusalem. This was called the lower court, or court of the burghers,
and the laws which formed its rule of judgment, 'the assizes of the
burghers' court.'
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