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 bloom of the Oriental kingdom of Jerusalem was but brief. On the 9th
of October, 1187, Saladin captured the holy city, and the treasures of
the Holy Sepulchre fell into infidel hands. The fate of the _Lettres du
Sepulcre_ in this catastrophe is in dispute. Most think that they were
destroyed by the enemy; some, however, and among them Stephen of
Lusignan, whose work, entitled, 'Chorography and brief General History
of the Island of Cyprus,' which was printed at Bologna in 1573, maintain
that they were saved and carried to Cyprus. It is certain that we no
longer possess the originals; but the authority of these assizes was not
extinguished by that catastrophe, but on the contrary, their sway became
wider with the extension of the Frankish rule.
In this respect the isle of Cyprus is most important. As in the year
1193 this 'sweet land and sweet island' (as the poets of the time called
it) was placed by Richard the Lion-hearted under the government of Guido
of Lusignan, the assizes of Jerusalem went into force immediately as the
law of the new kingdom. This effect was increased by the union of the
two kingdoms which took place soon after, but was unfortunately of brief
duration. Thus was preserved to this law book a flourishing period of
life long after the Christian kingdom in Asia was lost.
Then, when in the year 1204 the Latin empire was established at
Constantinople, the assizes of Jerusalem went into effect there. The
following is an account of this event:
'As there were many peoples about Constantinople which had not been
governed by the Roman law, and the situation of the conqueror
himself required new ordinances, and because indeed the empire
could not be governed otherwise than by the 'usages and assizes' as
they are in the Orient, the emperor Baldwin determined to send a
messenger to the king and patriarch of Jerusalem, praying them to
send to him a copy of their 'usages and assizes.' When these
arrived, they were read in the presence of all the barons, and it
was thereupon resolved to administer minister justice in accordance
with these, and especially those chapters adapted to times of
peace.'
Hence there are translations of the assizes to be found in modern Greek,
and the dukes of Athens, princes of Thebes, and other lords of that
region, who appear in Shakspeare's comedies, applied this system of law,
and perhaps many an obscure custom referred to in those plays might be
explained by this fact.
It was especially the customs preserved in the principality of Achaia
which the Venetian government of Negropont subjected to an examination
by twelve citizens, and which, with a few exceptions, particularly in
the parts relating to judicial combats, were sanctioned by the doge
Francesco Foscari.
Public-domain text, read in full here on John Shaqi.
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