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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 Cæsarea, 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 |
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