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
The jurisdiction of the two above-named courts did not, however, extend
over all subjects, since that of the clerical courts embraced matters
pertaining to the laity, which are now no longer regarded as
ecclesiastical: for instance, the case of husband and wife treating each
other with mutual blows; for it would seem that these connubial feuds
were not quite prevented, either by the gallantry of this time of
chivalry, or by the feeling which had animated the rushing crowds when
they left Europe for the Orient, that they were going to a land elevated
above the range of terrene sins and troubles--perhaps to that they had
heard called heaven.
In the seaports, the Italians and people of Marseilles enjoyed the right
of being tried by judges of their own, and in accordance with the usages
of their own countries; and as if to make this checkerwork quite
complete, the Syrian Christians were allowed trial before the rajis or
presidents of their several towns. In this latter respect a change was
introduced somewhat gradually, which was quite remarkable in view of the
prevalent ideas of the times. Feudalism had tended to concentrate the
power as much as possible in the same hands, without regard to the
difference of matter in question--that is, to divide labor by quantity,
and not by quality. But here we find for the first time a division of
jurisdiction according to the _matter_, and in the later period of the
kingdom, marine and commercial courts were established. The former,
called 'courts of the chain'[7] (from the chain by which the entrance to
the harbor was closed), gave judgment in questions of freight or payment
of sailors' wages, or in any questions which might arise between the
ship-owners and captains. The commercial court,[8] which, in addition to
its own special functions, took the place of the properly Syrian courts,
was constituted of four Syrian and two Frankish judges, under the
presidency of a Frank. This was an important measure, and indicated
great progress in international commercial intercourse, since in other
matters the various nationalities of the kingdom were so strictly
distinguished that the Syrian could not be witness against the Greek, or
the Frank against the Armenian, or the Jacobite against the Nestorian,
etc. In commerce and trade, the assizes held not so strictly in relation
to religion and national descent; for whether Syrian or Greek, Jew or
Samaritan, Nestorian or Saracen, they were still men, as well as the
Franks, and must pay or serve according to judgment rendered, just as in
the burghers' court, and hence it was determined that the court of
commerce should apply the assizes of the burghers' court.
The above is given as the basis upon which the legislation of the
kingdom rested, and now we may best hear the assizes themselves in
regard to the beginnings of this legislation. In the first chapter of
the assizes of the high court, as given us by John of Ibelin, we have
the following:
Public-domain text, read in full here on John Shaqi.
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