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prevalence of incredulity compelled the author to submit his life and veracity to the judgment of God. A pile of dry faggots, four feet high, and fourteen long, was erected in the midst of the camp; the flames burnt fiercely to the elevation of thirty cubits; and a narrow path of twelve inches was left for the perilous trial. The unfortunate priest of Marseilles traversed the fire with dexterity and speed; but his thighs and belly were scorched by the intense heat; he expired the next day; and the logic of believing minds will pay some regard to his dying protestations of innocence and truth. Some efforts were made by the Provincials to substitute a cross, a ring, or a tabernacle, in the place of the holy lance, which soon vanished in contempt and oblivion. Yet the revelation of Antioch is gravely asserted by succeeding historians; and such is the progress of credulity, that miracles, most doubtful on the spot and at the moment, will be received with implicit faith at a convenient distance of time and space.

The state of the Turks and ca

The prudence or fortune of the Franks had delayed their invasion till liphs of Egypt. the decline of the Turkish empire.i Under the manly government of the three first sultans, the kingdoms of Asia were united in peace and justice; and the innumerable armies which they led in person were equal in courage, and superior in discipline, to the barbarians of the west. But at the time of the crusade, the inheritance of Malek Shaw was disputed by his four sons; their private ambition was insensible of the public danger; and, in the vicissitudes of their fortune, the royal vassals were ignorant, or regardless, of the true object of their allegiance. The twenty-eight emirs who marched with the standard of Kerboga, were his rivals or enemies; their hasty levies were drawn from the towns and tents of Mesopotamia and Syria; and the Turkish veterans were employed or consumed in the civil wars beyond the Tigris. The caliph of Egypt embraced this opportunity of weakness and discord, to recover his ancient possessions; and his sultan Aphdal besieged Jerusalem and Tyre, expelled the children of Ortok, and restored in Palestine the civil and ecclesiastical authority of the Fatimites. They heard with astonishment of the vast armies of christians that had passed from Europe to Asia, and rejoiced in the sieges and battles which broke the power of the Turks, the adversaries of their sect and monarchy. But the same christians were the enemies of the prophet; and from the overthrow of Nice and Antioch, the motive of their enterprise, which was gradually understood, would urge them forwards to the banks of the Jordan, or perhaps of the Nile.

b The two antagonists who express the most intimate knowledge and the strongest conviction of the miracle, and of the fraud, are Raymond des Agiles, and Radulphus Cadomensis, the one attached to the count of Thoulouse, the other to the Norman prince. Fulcherius Carnotensis presumes to say, Audite fraudem et non fraudem! and afterwards, Invenit lanceam, fallaciter occultatam forsitan. The rest of the herd are loud and strenuous.

See M. de Guignes, (tom. ii. p. ii. p. 233, &c.) and the articles of Barkiarok, Mohammed, Sangiar, in D'Herbelot.

An intercourse of epistles and embassies, which rose and fell with the events of war, was maintained between the throne of Cairo and the camp of the Latins; and their adverse pride was the result of ignorance and enthusiasm. The ministers of Egypt declared in a haughty, or insinuated in a milder, tone, that their sovereign, the true and lawful commander of the faithful, had rescued Jerusalem from the Turkish yoke; and that the pilgrims, if they would divide their numbers, and lay aside their arms, should find a safe and hospitable reception at the sepulchre of Jesus. In the belief of their lost condition, the caliph Mostali despised their arms and imprisoned their deputies; the conquest and victory of Antioch prompted him to solicit those formidable champions with gifts of horses and silk robes, of vases, and purses of gold and silver; and in his estimate of their merit or power, the first place was assigned to Bohemond, and the second to Godfrey. In either fortune the answer of the crusaders was firm and uniform: they disdained to inquire into the private claims or possessions of the followers of Mahomet: whatsoever was his name or nation, the usurper of Jerusalem was their enemy; and instead of prescribing the mode and terms of their pilgrimage, it was only by a timely surrender of the city and province, their sacred right, that he could deserve their alliance, or deprecate their impending and irresistible attack.1

Delay of the
Franks,
A. D. 1098.
July-

A. D. 1099.
May.

Yet this attack, when they were within the view and reach of their glorious prize, was suspended above ten months after the defeat of Kerboga. The zeal and courage of the crusaders were chilled in the moment of victory; and, instead of marching to improve the consternation, they hastily dispersed to enjoy the luxury, of Syria. The causes of this strange delay may be found in the want of strength and subordination. In the painful and various service of Antioch, the cavalry was annihilated; many thousands of every rank had been lost by famine, sickness, and desertion: the same abuse of plenty had been productive of a third famine; and the alternative of intemperance and distress had generated a pestilence, which swept away above fifty thousand of the pilgrims. Few were able to command, and none were willing to obey the domestic feuds, which had been stifled by common fear, were again renewed in acts, or at least in sentiments, of hostility; the fortune of Baldwin and Bohemond excited the envy of their companions; the bravest knights were enlisted for the defence of their new principalities; and count Raymond exhausted his troops and treasures in

k The emir, or sultan Aphdal, recovered Jerusalem and Tyre, A. H. 489. (Renaudot, Hist. Patriarch. Alexandrin. p. 478. De Guignes, tom. i. p. 249. from Abulfeda and Ben Schounah.) Jerusalem ante adventum vestrum recuperavimus, Turcos ejecimus, say the Fatimite ambassadors.

1 See the transactions between the caliph of Egypt and the crusaders, in William of Tyre (1. iv. c. 24. 1. vi. c. 19.) and Albert Aquensis, (1. iii. c. 59.) who are more sensible of their importance, than the contemporary writers.

Jerusalem,

A. D. 1099.

an idle expedition into the heart of Syria. The winter was consumed in discord and disorder; a sense of honour and religion was rekindled in the spring; and the private soldiers, less susceptible of ambition and jealousy, awakened with angry clamours the indolence of their chiefs. In the Their march to month of May, the relics of this mighty host proceeded from Antioch to LaoMay 13-June 6. dicea ; about forty thousand Latins, of whom no more than fifteen hundred horse, and twenty thousand foot, were capable of immediate service. Their easy march was continued between mount Libanus and the sea-shore; their wants were liberally supplied by the coasting traders of Genoa and Pisa; and they drew large contributions from the emirs of Tripoli, Tyre, Sidon, Acre, and Cæsarea, who granted a free passage, and promised to follow the example of Jerusalem. From Cæsarea they advanced into the midland country; their clerks recognized the sacred geography of Lydda, Ramla, Emaus, and Bethlem, and as soon as they descried the holy city, the crusaders forgot their toils and claimed their reward."

Siege and conquest of Jerusalem,

A. D. 1099.

Jerusalem has derived some reputation from the number and importance of her memorable sieges. It was not June 7-July 15. till after a long and obstinate contest that Babylon and Rome could prevail against the obstinacy of the people, the craggy ground that might supersede the necessity of fortifications, and the walls and towers that would have fortified the most accessible plain." These obstacles were diminished in the age of the crusades. The bulwarks had been completely destroyed and imperfectly restored the Jews, their nation, and worship, were for ever banished; but nature is less changeable than man, and the site of Jerusalem, though somewhat softened and somewhat removed, was still strong against the assaults of an enemy. By the experience of a recent siege, and a three years' possession, the Saracens of Egypt had been taught to discern, and in some degree to remedy, the defects of a place, which religion as well as honour forbade them to resign. Aladin, or Iftikhar, the caliph's lieutenant, was intrusted with the defence: his policy strove to restrain the native christians by the dread of their own ruin and that of the holy sepulchre; to animate the Moslems by the assurance of temporal and eternal rewards. His garrison is said to have consisted of forty thousand Turks and Arabians; and if he could muster twenty thousand of the inhabitants, it must be confessed that the

m The greatest part of the march of the Franks is traced, and most accurately traced, in Maundrell's Journey from Aleppo to Jerusalem; (p. 17-67.) un des meilleurs morceaux, sans contredit, qu'on ait dans ce genre. (D'Anville, Memoire sur Jerusalem, p. 27.)

See the masterly description of Tacitus, (Hist. v. 11, 12, 13) who supposes, that the Jewish lawgivers had provided for a perpetual state of hostility against the rest of mankind.

o The lively scepticism of Voltaire is balanced with sense and erudition by the French author of the Esprit des Croisades, (tom. iv. p. 368-388.) who observes, that, according to the Arabians, the inhabitants of Jerusalem must have exceeded 200,000; that in the siege of Titus, Josephus collects 1,300,000 Jews; that they are stated by Tacitus himself at 600,000; and that the largest defalcation, that his accepimus can justify, will still leave them more numerous than the Roman army.

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besieged were more numerous than the besieging army. Had the diminished strength and numbers of the Latins allowed them to grasp the whole circumference of four thousand yards, (about two English miles and a half,P) to what useful purpose should they have descended into the valley of Ben Himmon and torrent of Cedron, or approached the precipices of the south and east, from whence they had nothing either to hope or fear? Their siege was more reasonably directed against the northern and western sides of the city. Godfrey of Bouillon erected his standard on the first swell of mount Calvary: to the left, as far as St. Stephen's gate, the line of attack was continued by Tancred and the two Roberts; and count Raymond established his quarters from the citadel to the foot of mount Sion, which was no longer included within the precincts of the city. On the fifth day, the crusaders made a general assault, in the fanatic hope of battering down the walls without engines, and of scaling them without ladders. By the dint of brutal force, they burst the first barrier, but they were driven back with shame and slaughter to the camp: the influence of vision and prophecy was deadened by the too frequent abuse of those pious stratagems; and time and labour were found to be the only means of victory. The time of the siege was indeed fulfilled in forty days, but they were forty days of calamity and anguish. A repetition of the old complaint of famine may be imputed in some degree to the voracious or disorderly appetite of the Franks; but the stony soil of Jerusalem is almost destitute of water; the scanty springs and hasty torrents were dry in the summer season; nor was the thirst of the besiegers relieved, as in the city, by the artificial supply of cisterns and aqueducts. The circumjacent country is equally destitute of trees for the uses of shade or building: but some large beams were discovered in a cave by the crusaders: a wood near Sichem, the enchanted grove of Tasso,' was cut down: the necessary timber was transported to the camp by the vigour and dexterity of Tancred: and the engines were framed by some Genoese artists, who had fortunately landed in the harbour of Jaffa. Two movable turrets were constructed at the expense, and in the stations, of the duke of Lorraine, and the count of Thoulouse, and rolled forwards with devout labour, not to the most accessible, but to the most neglected, parts of the fortification. Raymond's tower was reduced to ashes by the fire of the besieged, but his colleague was more vigilant and successful; the enemies were

p Maundrell, who diligently perambulated the walls, found a circuit of 4630 paces, or 4167 English yards: (p. 109, 110.) from an authentic plan, D'Anville concludes a measure nearly similar, of 1960 French toises, (p. 23-29.) in his scarce and valuable tract. For the topography of Jerusalem, see Reland. (Palestina, tom. ii. p. 832-860.)

Jerusalem was possessed only of the torrent of Kedron, dry in 'summer, and of the little spring or brook of Siloe. (Reland, tom. i. p. 294. 300.) Both strangers and natives complained of the want of water, which in time of war was studiously aggravated. Within the city, Tacitus mentions a perennial fountain, an aqueduct, and cisterus for rain water. The aqueduct was conveyed from the rivulet Tekoe or Etham, which is likewise mentioned by Bohadin, (in Vit. Saladin. p. 238.) r Gierusalemme Liberata, canto xiii. It is pleasant enough to observe how Tasso has copied and embellished the minutest details of the siege.

driven by his archers from the rampart; the drawbridge was let down; and on a Friday at three in the afternoon, the day and hour of the Passion, Godfrey of Bouillon stood victorious on the walls of Jerusalem. His example was followed on every side by the emulation of valour; and about four hundred and sixty years after the conquest of Omar, the holy city was rescued from the Mahometan yoke. In the pillage of public and private wealth, the adventurers had agreed to respect the exclusive property of the first occupant; and the spoils of the great mosque, seventy lamps and massy vases of gold and silver, rewarded the diligence, and displayed the generosity, of Tancred. A bloody sacrifice was offered by his mistaken votaries to the God of the christians: resistance might provoke, but neither age nor sex could mollify, their implacable rage they indulged themselves three days in a promiscuous massacre; and the infection of the dead bodies produced an epidemical disease. After seventy thousand Moslems had been put to the sword, and the harmless Jews had been burnt in their synagogue, they could still reserve a multitude of captives, whom interest or lassitude persuaded them to spare. Of these savage heroes of the cross, Tancred alone betrayed some sentiments of compassion; yet we may praise the more selfish lenity of Raymond, who granted a capitulation and safeconduct to the garrison of the citadel. The holy sepulchre was now free; and the bloody victors prepared to accomplish their vow. Barcheaded and barefoot, with contrite hearts, and in an humble posture, they ascended the hill of Calvary, amidst the loud anthems of the clergy; kissed the stone which had covered the Saviour of the world; and bedewed with tears of joy and penitence the monument of their redemption. This union of the fiercest and most tender passions has been variously considered by two philosophers; by the one," as easy and natural; by the other, as absurd and incredible. Perhaps it is too rigorously applied to the same persons and the same hour: the example of the virtuous Godfrey awakened the piety of his companions; while they cleansed their bodies, they purified their minds; nor shall I believe that the most ardent in slaughter and rapine were the foremost in the procession to the holy sepulchre. Election and

of Bouillon,

A. D. 1099. July 23

Eight days after this memorable reign of Godfrey event, which pope Urban did not live to hear, the Latin chiefs proceeded to the election of a king, to guard and govern their conquests in Palestine. Hugh the Great, and Stephen of Chartres, had retired with some loss of reputation, which they strove to regain by a second crusade and an honour

A. D. 1100. July 18.

s Besides the Latins, who are not ashamed of the massacre, see Elmacin, (Hist. Saracen, p. 363.) Abulpharagius, (Dynast, p. 243.) and M. de Guigues, (tom. ii. p. ii. p. 99.) from Aboulmahasen.

The old tower Psephina, in the middle ages Neblosa, was named Castellum Pisanum, from the patriarch Daimbert. It is still the citadel, the residence of the Turkish aga, and commands a prospect of the Dead sea, Judea, and Arabia. (D'Änville, p. 19-23.) It was like. wise called the Tower of David, πύργος παμμέγεθεςατος.

Hume, in his History of England, vol. i. p. 311, 312. octavo edition.

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Battle of Ascalon, A. D. 1099. August 12.

able death. Baldwin was established at Edessa, and Bohemond at Antioch; and two Roberts, the duke of Normandy and the count of Flanders, preferred their fair inheritance in the west to a doubtful competition or a barren sceptre. The jealousy and ambition of Raymond were condemned by his own followers, and the free, the just, the unanimous voice of the army, proclaimed Godfrey of Bouillon the first and most worthy of the champions of christendom. His magnanimity accepted a trust as full of danger as of glory; but in a city where his Saviour had been crowned with thorns, the devout pilgrim rejected the name and ensigns of royalty; and the founder of the kingdom of Jerusalem contented himself with the modest title of Defender and Baron of the Holy Sepulchre. His government of a single year," too short for the public happiness, was interrupted in the first fortnight by a summons to the field, by the approach of the vizir or sultan of Egypt, who had been too slow to prevent, but who was impatient to avenge, the loss of Jerusalem. His total overthrow in the battle of Ascalon sealed the establishment of the Latins in Syria, and signalized the valour of the French princes, who in this action bade a long farewell to the holy wars. Some glory might be derived from the prodigious inequality of numbers, though I shall not count the myriads of horse and foot on the side of the Fatimites; but, except three thousand Ethiopians or blacks, who were armed with flails or scourges of iron, the barbarians of the south fled on the first onset, and afforded a pleasing comparison between the active valour of the Turks and the sloth and effeminacy of the natives of Egypt. After suspending before the holy sepulchre the sword and standard of the sultan, the new king (he deserves the title) embraced his departing companions, and could retain only with the gallant Tancred three hundred knights, and two thousand foot-soldiers, for the defence of Palestine. His sovereignty was soon attacked by a new enemy, the only one against whom Godfrey was a coward. Adhemar, bishop of Puy, who excelled both in council and action, had been swept away in the last plague of Antioch: the remaining ecclesiastics preserved only the pride and avarice of their character: and their seditious clamours had required that the choice of a bishop should precede that of a king. The revenue and jurisdiction of the lawful patriarch were usurped by the Latin clergy: the exclusion of the Greeks and Syrians was justified by the reproach of heresy or schism; and, under the iron yoke of their deliverers, the oriental christians regretted the tolerating government of the Arabian caliphs. Daimbert, archbishop of Pisa, had long been trained

x Voltaire, in his Essai sur l'Histoire Generale, tom. ii. c. 54. p. 345, 346.

y The English ascribe to Robert of Normandy, and the Provincials to Raymond of Thoulouse, the glory of refusing the crown; but the honest voice of tradition has preserved the memory of the ambition and revenge (Villehardouin, No. 136.) of the count of St. Giles. He died at the siege of Tripoli, which was possessed by his descendants.

z See the election, the battle of Ascalon, &c. in William of Tyre, 1. ix. c. 1-12. and in the conclusion of the Latin historians of the first crusade. a Renaudot, Hist. Patriarch. Alex. p. 479.

A. D. 1099-1187.

in the secret policy of Rome: he brought a fleet of | beyond the Euphrates; and the four cities of Hems, his countrymen to the succour of the Holy Land, Hamah, Damascus, and Aleppo, were the only and was installed, without a competitor, the spiritual relics of the Mahometan conquests in Syria. The and temporal head of the church. The new patri- laws and language, the manners and titles, of the arch immediately grasped the sceptre which had French nation and Latin church, were introduced been acquired by the toil and blood of the victorious into these transmarine colonies. According to the pilgrims; and both Godfrey and Bohemond sub- | feudal jurisprudence, the principal states and submitted to receive at his hands the investiture of their ordinate baronies, descended in the line of male feudal possessions. Nor was this sufficient; Daim- and female succession: but the children of the bert claimed the immediate property of Jerusalem first conquerors, a motley and degenerate race, and Jaffa: instead of a firm and generous refusal, were dissolved by the luxury of the climate; the the hero negociated with the priest; a quarter of arrival of new crusaders from Europe was a doubteither city was ceded to the church; and the modest ful hope and a casual event. The service of the bishop was satisfied with an eventual reversion of feudal tenures was performed by six hundred and the rest, on the death of Godfrey without children, sixty-six knights, who might expect the aid of two or on the future acquisition of a new seat at Cairo hundred more under the banner of the count of or Damascus. Tripoli; and each knight was attended to the field The kingdom of Without this indulgence, the con- by four squires or archers on horseback. Five Jerusalem, queror would have almost been stripped thousand and seventy-five serjeants, most probably of his infant kingdom, which consisted foot soldiers, were supplied by the churches and only of Jerusalem and Jaffa, with about twenty cities; and the whole legal militia of the kingdom villages and towns of the adjacent country. Within could not exceed eleven thousand men, a slender this narrow verge, the Mahometans were still lodged defence against the surrounding myriads of Sarain some impregnable castles; and the husbandman, cens and Turks." But the firmest bulwark of Jeruthe traders, and the pilgrims, were exposed to daily salem was founded on the knights of the hospital of and domestic hostility. By the arms of Godfrey St. John," and of the temple of Solomon; on the himself, and the two Baldwins, his brother and strange association of a monastic and military life, cousin, who succeeded to the throne, the Latins which fanaticism might suggest, but which policy breathed with more ease and safety; and at length must approve. The flower of the nobility of Europe they equalled, in the extent of their dominions, aspired to wear the cross, and to profess the vows, though not in the millions of their subjects, the of these respectable orders; their spirit and disciancient princes of Judah and Israel. After the pline were immortal; and the speedy donation of reduction of the maritime cities of Laodicea, Tri- twenty-eight thousand farms, or manors, enabled poli, Tyre, and Ascalon, which were powerfully them to support a regular force of cavalry and inassisted by the fleets of Venice, Genoa, and Pisa, fantry for the defence of Palestine. The austerity and even of Flanders and Norway, the range of of the convent soon evaporated in the exercise of sea-coast from Scanderoon to the borders of Egypt arms: the world was scandalized by the pride, was possessed by the christian pilgrims. If the avarice, and corruption, of these christian soldiers; prince of Antioch disclaimed his supremacy, the their claims of immunity and jurisdiction disturbed counts of Edessa and Tripoli owned themselves the the harmony of the church and state; and the pubvassals of the king of Jerusalem: the Latins reigned lic peace was endangered by their jealous emula

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b See the claims of the patriarch Daimbert, in William of Tyre, (1. ix. c. 15-18. x. 4. 7. 9.) who asserts with marvellous candour the independence of the conquerors and kings of Jerusalem.

e Willielm. Tyr. 1. x. 19. The Historia Hierosolymitana of Jacobus à Vitriaco. (1. i. c. 21-50.) and the Secreta Fidelium Crucis of Marinus Sanatus, (1. iii. p. 1.) describe the state and conquests of the Latin kingdom of Jerusalem.

d An actual muster, not including the tribes of Levi and Benjamin, gave David an army of 1,300,000, or 1,574,000 fighting men; which, with the addition of women, children, and slaves, may imply a popu lation of thirteen millions, in a country sixty leagues in length, and thirty broad. The honest and rational Le Clerc (Comment on 2d Samuel xxiv. and 1st Chronicles xxi.) æstuat angusto in limite, and mutters his suspicion of a false transcript; a dangerous suspicion!

e These sieges are related, each in its proper place, in the great his tory of William of Tyre, from the ninth to the eighteenth book, and more briefly told by Bernard us Thesaurarius. (de Acquisitione Terræ Sanctæ, c. 89-98. p. 732-740.) Some domestic facts are celebrated in the Chronicles of Pisa, Genoa, and Venice, in the sixth, ninth, and twelfth tomes of Muratori.

f Quidam populus de insulis occidentis egressus, et maxime de eâ parte quæ Norvegia dicitur. William of Tyre (1. xi. c. 14. p. 804.) marks their course per Britannicum mare et Calpen to the siege of Sidon.

g Benelathir, apud de Guignes, Hist. des Huns, tom. ii. part ii. p. 150, 151. A. D. 1127. He must speak of the inland country.

h Sanut very sensibly descants on the mischiefs of female succession, in a land, hostibus circumdata, ubi cuncta virilia et virtuosa esse deberent. Yet, at the summons, and with the approbation, of her feudal lord, a noble damsel was obliged to choose a husband and champion. (Assises de Jerusalem, c. 242, &c.) See in M. de Guignes (tom. i. p. 441-471.) the accurate and useful tables of these dynasties, which are chiefly drawn from the Lignages d'Outremer.

i They were called by derision Poullains, Pullani, and their name is never pronounced without contempt. (Ducange, Gloss. Latin. tom. v. p. 535. and Observations sur Joinville, p. 84, 85. Jacob. à Vitriaco, Hist. Hierosol. l. i. c. 67. 72. and Sanut, 1. iii. p. viii. c. 2. p. 182.) Illustrium virorum qui ad Terræ Sanctæ liberationem in ipså manserunt degeneres filii . . . . in deliciis enutriti, molles et effœminati, &c.

k This authentic detail is extracted from the Assises de Jerusalem. (c. 324. 326-331.) Sanut (I. iii. p. viii. c. i. p. 174.) reckons only 518 knights, and 5775 followers.

1 The sum total, and the division, ascertain the service of the three great baronies at 100 knights each; and the text of the Assises, which extends the number to 500, can only be justified by this supposition.

m Yet on great emergencies (says Sanut) the barons brought a voluntary aid; decentem comitivam militum juxta statum suum.

William of Tyre (1. xviii. c. 3, 4, 5.) relates the ignoble origin, and early insolence, of the Hospitalers, who soon deserted their humble patron, St. John the Eleemosynary, for the more august character of St. John the Baptist. (See the ineffectual struggles of Pagi, Critica, A. D. 1099. No. 14-18.) They assumed the profession of arms about the year 1120; the hospital was mater; the temple, filia; the Ten. tonic order was founded A. D. 1190. at the siege of Acre. (Mosheim, Institut. p. 389, 399.)

o See St. Bernard de Laude Novæ Militia Templi, composed A. D. 1132-1136. in Opp. tom. i. p. ii. p. 547-563. edit. Mabillon, Venet, 1750. Such an encomium, which is thrown away on the dead templars, would be highly valued by the historians of Malta.

p Matthew Paris, Hist. Major. p. 544. He assigns to the hospitalers 19,000, to the templars 9000, maneria, a word of much higher import (as Ducange has rightly observed) in the English than in the French idiom. Manor is a lordship, manoir a dwelling.

tion. But in their most dissolute period, the knights of the 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.

Assise of Jerusalem,

The spirit of freedom, which pervades the feudal institutions, was felt

A. D. 1099-1369. in its strongest energy by the volun

teers 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 conCourt of peers. stitution 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

In the three last books of the Histoire des Chevaliers de Malthe, par l'Abbé de Vertot, the reader may amuse himself with a fair, and sometimes flattering, picture of the order, while it was employed for the defence of Palestine. The subsequent books pursue their emigra. tions to Rhodes and Malta.

The Assises de Jerusalem, in old law French, were printed with Beaumanoir's Coutumes de Beauvoisis, (Bourges and Paris, 1690. in folio,) and illustrated by Gaspard Thaumas de la Thaumassiere, with a comment and glossary. An Italian version had been published in 1735, at Venice, for the use of the kingdom of Cyprus.

A la terre perdue, tout fut perdû, is the vigorous expression of the Assise. (c. 281.) Yet Jerusalem capitulated with Saladin ; the queen and the principal christians departed in peace; and a code so precious and so portable could not provoke the avarice of the conquerors, I have sometimes suspected the existence of this original copy of the Holy Sepulchre, which might be invented to sanctify and authenticate the traditionary customs of the French in Palestine.'

t A noble lawyer, Raoul de Tabarie, denied the prayer of king Amauri, (A. D. 1195-1205.) that he would commit his knowledge to writing; and frankly declared, que de ce qu'il savoit ne seroit-il ja nul borjois son pareill, ne null sage homme lestré, (c. 281.)

The compiler of this work, Jean d'Ibelin, was count of Jaffa and

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 in the subordinate assemblies of his own feudatories. The connexion of lord and vassal was honourable and voluntary: reverence was due to the benefactor, protection to the dependent; 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 cognisance 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 admits in many cases this barbarous institution, which has been slowly abolished by the laws and manners of Europe.

combats.

The trial by battle was established Law of judicial in all criminal cases, which affected the life, or limb, or honour, of any person; and in all civil transactions, of or above the value of one mark of silver. It appears that in criminal cases the combat was the privilege of the accuser, who, except in a charge of treason, avenged his personal injury, or the death of those persons whom he had a right to represent; but wherever, from the nature of Ascalon, lord of Barnth (Berytus) and Rames, and died A. D. 1266. (Sanut. 1. iii. p. ii. c. 5. 8.) The family of Ibelin, which descended from a younger brother of a count of Chartres in France, long flourished in Palestine and Cyprus, (see the Lignages de ca Mer, or d'Outremer, c. 6. at the end of the Assises de Jerusalem, an original book, which records the pedigrees of the French adventurers.)

x By sixteen commissioners chosen in the states of the island: the work was finished the third of November 1369, sealed with four seals, and deposited in the cathedral of Nicosia. (See the preface to the Assises.)

y The cautious John d'Ibelin argues, rather than affirms, that Tripoli is the fourth barony, and expresses some doubt concerning the right or pretension of the constable and marshal, (c. 323.) Entre seiguor et homme ne n'a que la foi; mais tant que l'homme doit à son seignor reverence en toutes choses, (c. 206.) Tous les hommes dudit royaume sont par ladite Assise tenus les uns as autres.... et en celle maniere que le seignor mette main ou facè mettre au cors ou au fié d'aucun d'yaus sans esgard et sans connoissance de court, que tous les autres doivent venir devant le seignor, &c. (212.) The form of their remonstrances is conceived with the noble simplicity of freedom,

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