The History of the Crusades (vol. 1 of 3)Michaud, J. Fr. (Joseph Fr.)
History
The History of the Crusades (vol. 1 of 3)
Michaud, J. Fr. (Joseph Fr.)
Crusades
To watch over the execution of the constitutional laws of the state,
and to decide in all disputes, two courts were instituted; the one
presided over by the king, and composed of the nobles, was to pronounce
judgment upon differences among the great vassals; the other, presided
over by the viscount of Jerusalem, and formed of the principal
inhabitants of each city, was to regulate the interests and the rights
of the citizens and the common people. A third court was instituted,
which was reserved for Oriental Christians; the judges of it were born
in Syria, spoke its language, and decided according to the laws and
usages of the country. Thus all the citizens of the kingdom were judged
by their peers, and enjoyed the benefits of an institution which has
not been despised in ages much more enlightened.
The Franks, with their warlike character, were certain to evince
disdain for the slow, and often uncertain, forms of justice; they
adopted, in their legislation made for the East, the ordeal by iron
or fire, which had taken its birth among the nations of the North.
Judicial combat was also admitted in criminal causes, and sometimes
even in civil ones. Among a warlike people everything must present the
image of war; every action commenced against a baron or a knight was,
in his eyes, an injury—an affront—that he ought to repulse sword in
hand; Christian knights were likewise persuaded that God would not
allow innocence to succumb in an unequal combat, and victory appeared
to them at once the triumph of human laws and divine justice.
Such dispositions still bespeak the barbarity of the most remote ages;
but a great number of other laws attest the wisdom of the legislators
of the Holy Land: their code contained every institution that was
reasonable in the feudal system. Palestine was then blessed by the
revival of wise laws created for Europe, but which Europe had forgotten
amidst the anarchy of civil wars; many ameliorations made in feudal
legislation in some of the states of the West, particularly in the
cities of Italy, were consecrated in the new laws of Jerusalem.
Public-domain text, read in full here on John Shaqi.
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