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.'
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 whi
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