Chapter II: Front Matter (2)

As soon as all had arrived, and had taken their destined places, the hunting horns were sounded. The prince's huntsmen let loose eight elks, three bears, twenty-five wolves, and twenty-three wild boars; dogs trained for the purpose drove the animals toward the king's pavilion. The shouts of the huntsmen and the howlings of the animals were deafening. The king killed three boars with his own hands; the prince royal killed at least twenty of the creatures, and, not yet content, he fought a bear with a club, a proof of great strength and skill. I am to have the bear's skin, the main trophy of the prince's hunt, as a carpet. These amusements lasted until four in the afternoon; we then had a collation. We counted eighty-four huntsmen and foresters belonging to Prince Radziwill; they were all richly dressed. Latin and Polish verses were distributed among the guests. Everything was charming. Prince Radziwill desired thus to commemorate the anniversary of the king's coronation. There will also be a grand ball this evening at Marshal Bielinski's, to celebrate the same event.

Sunday, _January 19th_.

The ball was superb. The prince royal was charmingly gay; the king had given him a star set with diamonds. The supper was splendid, exquisite; and the enforced abstinence of Friday by no means diminished the luxury and abundance; there were an infinity of dishes, but not a particle of meat.

I danced a great deal, and have pains in my feet which cause me much suffering; but I am sorry that I complained, for I shall now be obliged to keep my room for ten days to rest. The princess is quite uneasy about my health. She fears lest so many balls and such late hours should be injurious to me. In truth, I do not think my cheeks are as rosy as they were a few weeks ago.

We have received letters from Maleszow; my mother was kind enough to write to me herself. She begs me to take good care of myself, and, above all, to act prudently, and beware of heeding vain flatteries. She says: 'Do not become vain or proud through the praises bestowed upon you. Caprice has more influence upon the world's judgment than either beauty or merit. If reason is lulled to sleep through the power of such deceitful murmurs, the happiness of a whole life is in danger, and one may suddenly fall from a great height, with all one's weight, upon the earth.'

I hope my good mother's fears will never be realized, and, if my desires have been too lofty and ambitious, I will in future endeavor to chain them in the depths of my soul. My mother's letter caused me many tears; I carry it with me wherever I go, and read it often. God has endowed the words of parents with the power of going directly to their children's hearts. Happy the young girl who has never left her father's house! Notwithstanding all my triumphs, I often regret our castle at Maleszow.

WARSAW, Wednesday, _January 29th_.

My quarantine is finally ended, but I am sorry to say there have been four balls during my seclusion. I particularly regret a masked ball, where I was to have made one in a Scotch quadrille with the three celebrated beauties. Miss Malachowska took my place, and I was forced to remain alone, notwithstanding the entreaties of the prince royal and of many others; but when the princess once says no, there is no use in attempting to induce her to change her mind, I confess I was really vexed, but it would have been very ungracious to have let it be perceived; at my age, one should be reasonable; besides, I ought not to regret anything, for the prince royal has often been to see me, and has told me that he approved my resignation and the strength of my character.

Since the baptism, the distance separating the prince royal, heir apparent to the throne, from the Starostine Frances Krasinska, has been gradually decreasing; the prince royal desires me to treat him as my equal: what precious and inconceivable goodness! The hours he passes with us are the most delightful that can be imagined; he talks of his journeys to St. Petersburg, to Vienna, to Courland, and amid the society surrounding us, he even finds opportunities to say words to me which I alone can comprehend. The prince royal knows and appreciates all the intrigues which are mining our unfortunate republic, but, through respect for his father, he dare not say what he thinks. Great God! If he should one day be king!

The princess, who eagerly seeks a bad side to the best things, says that his politeness has no other aim than to make a party for himself, and when he is master of the crown, he will forget or despise us. I do not believe this, and repel such a suspicion as the deepest injustice. The princess would be very glad to see Lubomirski on the throne, but I doubt exceedingly the possibility of such an event.

The sisters canonesses have a soirée this evening, to which I am invited. The superior, Miss Komorowska, is a very respectable personage. Madame Zamoyska, born Zahorowska, was the foundress of this community: she copied it from that existing at Remiremont, in Lorraine. It serves as an asylum for young ladies who will not or who cannot marry; they live there in retirement, but still receive visits. Madame Zamoyska bought the Marieville, in one of the main streets, on purpose to establish this community of canonesses. Twelve ladies of the highest rank are received there, but eight young girls belonging to the lesser nobility are also admitted.

The last days of the carnival are finally at hand.

Ash Wednesday, _February 16th_.

After such constant and fatiguing excitement, one grows tired of pleasure and longs for rest. I am almost glad when I think the carnival is over. During the past three weeks I have led a purely external life, absorbed in balls, dress, and visits. One must have tried this mode of life to know how sad and tiresome it really is. My success, my happiness, are envied by others, while I long only for solitude, only for a few quiet moments, in which I may enjoy my own thoughts and reflections.

Barbara seems to comprehend my sufferings. I see her often, and certain words which occasionally fall from her lips explain her fears for me. She sees before me a destiny by no means in harmony with my tastes, requirements, and faculties; she would wish for me a future such as her heart and her reason have made for her; she understands life, and has set me to dreaming of another happiness.... I begin to reflect.... But how beautiful Madame Potocka looked at the masked ball yesterday evening! Her dress as a sultana became her astonishingly. Her beauty shone as a sun above that of all other women; every one admired her, and all coveted the honor of dancing with her. As for me, I could only dance one Polonaise; I was attacked by so severe a pain in my foot that I could not leave my seat, and I was forced to decline the invitations of the prince royal and of several noblemen. Thank heaven, the carnival is over!

Saturday, _February 29th_.

I am going to Sulgostow when I least expected to make such a journey, and must first write a few hasty lines. The starost and my sister called yesterday to say farewell. The prince palatine came to my room this morning, and told me my brother and sister were very anxious I should accompany them home. 'It is very probable,' he added, 'that your father and mother will soon join you there.' I always yield implicit obedience to the will of the palatine, and made no resistance in this case: I will go. The princess approves highly of my resolution. I will go, since they desire it; and yet the prince royal is ignorant of my approaching departure, and there is no one whom I could ask to inform him of it: he will hear it as one of the ordinary items of every-day news.

If I dared I would ask the princess to say farewell for me, and present my regrets to him; but I should never have the courage to confide in her--and, besides, will my departure cause him any pain? Will a single thought, a single remembrance follow me, when there are so many beautiful women in Warsaw?... Madame Potocka will still be here.... But I am called, and must hasten my preparations.

Sunday, _March 15th_.

I returned to Warsaw two days ago. I do not know how it was, but I forgot my journal, and was forced to abstain from the consolation of writing during my absence.

I remained three weeks at Sulgostow. I tell it to my shame, but the time weighed upon my soul as a lengthened torture. I did not see my parents, as they are not expected there for four days yet, and the prince palatine came for me in such haste that we made the journey in one day; fresh horses awaited us at each stopping place, so that we did not lose a single moment.

The prince royal came to see us the day after our arrival. He is much changed; he seems sad or suffering. He gave me to understand that my departure had given him great pain, and he said with some bitterness, that one should have some consideration for a friend.... A friend! this heartfelt word fell from his lips. Oh! how remorseful I felt for having made this journey! And yet I made it against my own will.

The prince palatine maintains that all is for the best. I must confess I can see no reason for making me suffer, and for afflicting the prince royal; but I have made a promise to myself to obey the palatine blindly; I believe him to be destined to play a large part in all the events of my life. The princess received me most kindly upon my return.

I have embroidered a cushion for the cathedral, with I.H.S. upon it. I found all that was needful for my work at Sulgostow, and I was so diligent that I finished it before my departure. I worked fervently, for I was accomplishing a secret vow; God alone knows my intention, God alone can grant my prayers.

The anniversary of Barbara's marriage was celebrated with great pomp at Sulgostow. How many changes in the space of a year! Before Barbara's marriage, I was always gay and always happy; that is to say, always calm. I enjoyed my insignificant liberty; my life was like a cloudless sky; I experienced none of those moments of bliss which are yet a real suffering, nor of those hours of torment possessing so strange a charm.

Thursday, _March 19th_.

The prince royal was as gay and amiable yesterday as during the first days of our acquaintance. He came in the morning and passed an hour with us; he could not remain longer, as he was obliged to accompany his father on a hunting party to the forest of Kapinos: but he returned in the evening when we least expected him; he came quietly, without any escort, and with an absence of ceremony, and an air of mystery which added to the charm of his presence.

The chase was successful, and quite a singular event took place. The forest of Kapinos borders upon that of Zaborow; the proprietor of the last-mentioned domain is said to be a gentleman of good family; he gave the king a splendid reception when his majesty passed through his lands, and the king promised the gentleman a starosty, as a recompense for his fidelity, on condition that he would first permit him to kill a bear upon his territory. Several bears were killed, but the starosty seemed forgotten; the poor gentleman, always hoping and always disappointed, killed a bear himself at the last hunt. He dragged it to the king's feet, and said to him, 'Sire, ursus est, privilegium non est.'

The king laughed heartily at this sally, and promised him solemnly that he should have the promised starosty.

The prince royal remained two hours with us: he is now freer, and can leave his father more easily, because his brothers, Albert and Clement, are in Warsaw. Every one says that Prince Clement is very good and very pious; he has a decided vocation for the ecclesiastical state, and it is presumed he will take orders. It is a proof of great wisdom on the king's part to consecrate one of his sons to God; but it is fortunate the choice did not fall upon Prince Charles.

Tuesday, _March, 24th_.

Notwithstanding it is Lent, my days pass quite gayly. The prince royal comes often to see us; he repeats unceasingly that the court etiquette weighs upon him; he is glad to be free from it: but to-morrow I am again to be separated from him. The princess is in the habit of making a retreat of a week before Easter, in order to prepare for her confession; all religious ladies do the same, and I must of course accompany the princess to the convent of the Holy Sacrament.

During a whole week we will see none but priests, we will read only books of prayer, and work only for the church or for the poor.

Holy Thursday, _April 2d_.

I have made my confession, and am now prepared to receive the holy communion. I never remember to have been so calm, or to have felt so much quiet in my soul. It is an inestimable blessing to be at peace with God and with one's self. How solemn and how sweet are the ceremonies of our holy religion! What a happiness to have been brought up in the knowledge of its mysteries! I have an excellent confessor, the Abbé Baudoin; he is very popular among the ladies of the court, because he is a Frenchman. But, popularity aside, he would still be the confessor of my choice; he is a worthy and a holy man, possessing all the virtues taught by Christ; one follows his counsels with respect; his views of religion console and show one the way to heaven without forcing one entirely to quit the earth. I passed several hours with him, and he knew how to reach my heart, even while condemning my faults. He caused me to feel humiliated for my sins, without crushing me, or driving me to despair; he showed me the futility of all human things, the sadness and emptiness of all pleasures arising from vanity and self-love.... Indeed, during a few moments, I thought seriously of consecrating my life entirely to God, and of becoming a gray nun in the convent under the Abbé Baudoin's direction.

I was measuring my cell, and counting the number of steps I could take in my new asylum; I thought my resolution nearly taken, when my maid entered and began to tell me some trifle concerning the prince royal's huntsman!... The chain of my holy thoughts was immediately broken, and I strove in vain to relink it; I could remember but one point, and that was, that the Abbé Baudoin had told me it was possible to secure one's salvation even while living in the great world, and that this difficult struggle, when brought to a victorious conclusion, was as pleasing to God as that virtue which had never dared the combat.

Why, then, should I throw myself into a world of sacrifices, whose extent is unknown to me, and perhaps beyond my strength? I will follow my destiny, while maintaining the purity of my conscience. Yes, I swear never to commit any action unworthy of the name of Krasinski. If I sin, alas! it is through too much pride; my desires are placed very high; the Abbé Baudoin does not blame me; he says that ambition is criminal only when it leads us from the path of virtue.... What God requires, is a heart prepared for every sacrifice--a will ready to yield all for His sake; and I feel that I possess this disposition; I experience an indefinable quietude, and my soul is comforted. This week has seemed to me a foretaste of heaven; I have seen no one but the nuns and my confessor, the sole confidant of my thoughts and feelings, and the time has passed rapidly and without tedium. To-day I am once more to find myself in the great world. I am to witness the ceremonies of Holy Thursday in the castle. I am very curious to see this religious solemnity.

NOVEMBER.

Low the leaves lie in the forest; on the damp earth, brown and chill,
Gather near the evening shadows. Hark! the wind is sorrowing still.
Vanished are the pine-crowned mountains, hidden in a dusky cloud;
See the rain, it falleth ever from the wan and dreary sky:
Rusheth on the swollen streamlet, wildly whirling, foaming by;
And the branches, leafless waving, in the Fall wind low are bowed.

See, the golden-rod no longer bends its yellow-plumèd head,
By the roadside lies it faded--'mid the grasses--pale and dead;
While alone the stately mullein rears its brown and withered crest.
Quiet skies of early Autumn mirrors now the lake no more,
But its waters struggle fiercely, laden storm-clouds flying o'er,
And the rain it falleth ever, and the wind will never rest.

Once the hills were clad in scarlet: vanished all their beauty now;
Perished now the crown of glory that encircled then their brow;
Low the crimson leaves are lying, and the withered boughs are chill;
Faded are the purple daisies, and the little pool looks sad,
Missing now the gentle flowers that once made it bright and glad;
For the rain it falleth ever, and the wind is never still.

Closer fall the gloomy shadows, and the forests drearier seem,
Still the leaden clouds are flying, rusheth wilder yet the stream;
And the reckless wind is telling now a wild and fearful tale,
While the trees all listen trembling, and the mullein bows its head,
And the dusky lake grows angrier, and the dark pool mourns its dead;
For the rain it falleth ever, and the winds but louder wail.

THE ASSIZES OF JERUSALEM.

There is in the Royal Library at Munich a room called the Cimelian Hall, in which the manuscripts and works with binding richly ornamented in gold and precious stones are kept. Many a visitor to this hall has felt deep interest as his eyes have rested upon an open manuscript, to be seen through the glass doors of its case, written with inverted strokes and adorned with various colored initial letters. The interest has risen on learning that this contains the 'Assizes of Jerusalem,' of which there are but few manuscripts in existence--one at Venice and several at Paris. This work is in the old French language, and the frequent recurrence on the open page of such words as _jurés_, _larcin_, _vol_, _meurtre_,[1] in connection with the word '_assises_,' leads the visitor to suppose that this may be a judicial report of remarkable criminal cases--a kind of 'Pitaval.'[2]

But these yellow leaves contain one of the most important documents connected with the history of civilization which the night of the middle ages has given us: it is indeed an invaluable inheritance from that period--nothing less than the laws of the kingdom of Jerusalem, as founded by the Crusaders at the end of the eleventh century.

The kingdom of Jerusalem! At the very mention of the name, there seems to pass over us a breeze from that charmed time when Christendom, inspired by its faith with heroic zeal, went forth to rescue from insult and ignominy the tomb of the Redeemer. Who does not feel a kind of longing after that romantic splendor of the Orient, which impelled the people of Europe to leave homes and families upon this great enterprise beyond the sea? Who does not gladly lose himself in contemplating the traditions of life and deeds, contests and poesy of those chivalrous times, and dream over again a short portion of that brief but beautiful dream of the Christian kingdom of Jerusalem?

Nor is it merely this feeling of romance which binds us to the law book of the Crusaders. It has important political and judicial significance. In the kingdom of Godfrey of Boulogne lived mixed up together, formed into a kind of variegated checkerwork, people of all lands and languages of the Occident--French, Italians, Spanish, English, and Germans. The system of law which united this mixed multitude was indeed the German, at least in its fundamental and leading forms and features, as this was before the time when the flourishing of the law school at Bologna had brought again everywhere into use the Roman law. There is, however, a perceptible influence of the Roman law in this work, and indeed an occasional reference to it as an authority. It has, therefore, its importance to jurists, but its general interest is deeper, disclosing, as it does, a view of a distant age, and of a land long since covered with the charm and glory of song.

This manuscript is in the old French tongue, was evidently written by an Italian hand in the latter part of the fourteenth century, and bears the title: '_Livres des assises et bons usages dou réaume de Jerusalem._'

'Assize,' primarily means an assembly of several wise men in the court of a prince for the making of laws; but it comes thence to mean that which they have determined upon as law, and is so used in the judiciary of the Christian Orient.

We shall see that the Munich manuscript does not fully make good its name. It is not in the proper sense a law book, but rather notes in regard to the judiciary of the kingdom, made by authors of unknown names. There are internal evidences that the original compilation must have taken place from 1170 to 1180 of the Christian era, that is, before the recapture of Jerusalem, and is therefore from the best of sources. It contains, however, but a single department of the judiciary system of Jerusalem, and the deficiency must be supplied from the Venetian manuscript. Still, however, there remains little to desire in regard to the completeness of the sources from which we learn the contents of these books of 'Assizes.'

Before passing to a notice of the law book of the Crusaders, it is necessary to premise a brief statement of the political condition upon which this system of law was based, since it is only by knowing this that we can understand the laws.

When the Christian kingdom of Asia was in its bloom, it consisted of four provinces, viz.: 1, the principality of Antioch; 2, the duchy of Edessa; 3, the principality of Syria or Jerusalem; and 4, the duchy of Tripolis. These four formed the kingdom of Jerusalem, of which they were feudal dependencies. The principality of Jerusalem was the home domain of the king of Jerusalem, as Hugh Capet, for instance, was duke of France and king in France.

The kings of Jerusalem, like those of France, surrounded themselves with four crown officers, viz.: the seneschal, constable, marshal, and chamberlain, whose authority and influence were the same as those of the name in Europe.

Each of the above-named divisions was again subdivided into baronies and greater fiefs, the holders of which were called 'men of the kingdom.' The lower vassals were designated by the name of 'liegemen.' Among them were, however, included the immediate servants of the king, ranking with the class from which higher officials are taken in Europe.

The king executed justice in a court constituted of peers, and called the high court,[3] and the laws which governed its decisions were called 'assizes of the high court.'[4]

Those barons who held courts and administered justice to their vassals scattered over the land, of which there were twenty-two in the principality of Syria, based their decisions also upon these assizes; they did not, however, sit in their own right as patrimonial judges, but by royal concession, and the king could at any time he chose preside over these courts, associating with himself any number of his liegemen to sit with him.

Besides these noble vassals, called also the 'chivalry of the kingdom,'[5] there was a very considerable Latin population who held no fiefs, but still were perfectly free men, and were designated as citizens.[6] We find 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 which might arise between the ship-owners and captains. The commercial court,[8] which, in addition to its own special functions, took the place of the properly Syrian courts, was constituted of four Syrian and two Frankish judges, under the presidency of a Frank. This was an important measure, and indicated great progress in international commercial intercourse, since in other matters the various nationalities of the kingdom were so strictly distinguished that the Syrian could not be witness against the Greek, or the Frank against the Armenian, or the Jacobite against the Nestorian, etc. In commerce and trade, the assizes held not so strictly in relation to religion and national descent; for whether Syrian or Greek, Jew or Samaritan, Nestorian or Saracen, they were still men, as well as the Franks, and must pay or serve according to judgment rendered, just as in the burghers' court, and hence it was determined that the court of commerce should apply the assizes of the burghers' court.

The above is given as the basis upon which the legislation of the kingdom rested, and now we may best hear the assizes themselves in regard to the beginnings of this legislation. In the first chapter of the assizes of the high court, as given us by John of Ibelin, we have the following:

'When the holy city of Jerusalem was won from the enemies of the
cross, and restored to the true men of the Saviour, * * * when the
princes and barons who conquered it had chosen, as king and lord of
the kingdom of Jerusalem, Godfrey of Boulogne, * * * who was a man
of understanding, and anxious to place the said kingdom in a good
condition, and to have his people and all others who should come
and go and dwell in the kingdom, guided, kept, ruled, sustained,
held together, and judged according to justice and reason, he
chose, upon the advice of the patriarch of the holy city and church
of Jerusalem, and that of the princes, barons, and wisest men he
could find, prudent men, whose business it should be to inquire and
know from the people of various lands there present, what were the
customs of their respective countries. All that these men could
ascertain they wrote, or caused to be written, and laid before Duke
Godfrey, who assembled the patriarch and the other people
mentioned above, showed them the result, and caused the papers to
be read to them. With their counsel and acquiescence he took from
the report what seemed to him good, and made out from the same
assizes and customs, which should be held, applied, and observed in
the kingdom of Jerusalem.'

Our author further tells us that both Godfrey himself and the later kings, in their diets of the kingdom, extended and improved these laws. The diets were generally held at Acre, at the season of the arrival of the pilgrims from Europe, as this gave opportunity to ascertain what was the law of their several homes in relation to the matter in question; and it is even said that messengers were sent over the sea expressly for this purpose. William of Tyre, the celebrated chronicler of the time, has preserved to us an interesting case of this special legislation. He says that after the conquest of the holy city, and return home of most of the pilgrims, the danger from the Saracens having become imminent, many of the newly invested feudal tenants began to desert their fiefs, upon which Godfrey issued the following assize:

'Whoever shall hold such deserted fief in possession for one year,
shall be considered as having gained it by prescriptive right, and
shall be defended in its possession against the previous owner who
has deserted it.'

The same William of Tyre tells us of a diet held at Neapolis in Samaria, in the year 1120, 'at which, in order to banish from the land the immoralities and crying abuses which had crept into it, there were issued comprehensive regulations, embraced in twenty-five chapters; and it seems from the form of the oath of the later kings that Amalrick I and his son Baldwin IV had undertaken a formal revision of the legislation.' It is therefore probable that we retain very little of the system established _immediately_ upon the conquest. If we had no evidence of revisions and changes, the sad and unquiet times through which Godfrey had to pass would fully justify this conjecture.

But let us hear what tradition says in regard to the external condition of these laws:

'These assizes (vide chap. iv) were written each by itself in large
Gothic letters. The first letter at the beginning was illuminated
with gold, and all the rubrics and titles were written separately
in red, as well all the other assizes as those of the higher and
those of the burghers' court. Each sheet had the signature and seal
of the king, the patriarch, and the viscount of Jerusalem, and
these sheets were called 'Letters of the Sepulchre,'[9] because
they were kept in a great chest in the Holy Sepulchre. Whenever a
question arose in court in regard to an assize, making it necessary
to consult these writings, the chest was opened in the presence of
nine persons. The king must either be there personally or be
represented by a crown official, and then two vassals of the king,
the patriarch of Jerusalem, or in his place the prior of the Holy
Sepulchre, two canons, the viscount of Jerusalem, and two sworn
citizens. So the assizes were made--so they were kept.'

These statements have proceeded upon the supposition that this law book was for the whole kingdom; but history has preserved facts which look to the conclusion that this was law only for the principality of Syria. But when we consider that these assizes actually procured for themselves a recognition beyond the bounds of the kingdom, and that no special law for the other three grand divisions has ever been found, we shall be constrained to regard this system of law as that of all the provinces.

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.

But the most romantic chapter in the history of the extension of this law, is the account of its introduction into the Frankish principality of the Morea. This principality was wrested from the Byzantine empire, in the year 1213, by William of Champlitte, at the head of a band of adventurers, and passed by intrigue into the hands of the family Ville Hardouin. An old chronicler of the times tells us that when the second prince of this family, Godfrey II, reigned in the Morea, an imperial squadron landed at Pontikos, carrying the beautiful Agnes, with her suite of ladies and knights, to James, king of Aragon, to whom her father had promised her in marriage on receiving from that king the promise of an auxiliary corps for his army. Godfrey was a man who well understood human life. He appeared at the port, testified his high veneration for the princess, and invited her to rest herself from the voyage in his land. The princess seems not to have regarded this journey to her unknown bridegroom as very pressing; she accepted the invitation, and on the second day Godfrey's friends suggested to him that he ought not to let slip so fine a chance to secure a beautiful wife. His decision was at once made. He presented himself as suitor to the princess, and succeeded in convincing her that it would be much better for her to marry him, whom she had seen and knew, than a man of whom she knew nothing, who might be crooked, or lame, or otherwise unworthy of her. She consented to be married at once. Her train of attendants returned pleased to Constantinople, bearing the tidings to the emperor, her father, whose rage on receiving this intelligence may be imagined. There was, however, but one thing to be done--he must bear it with the best grace he could. The parties met afterward at Larissa. Godfrey resigned his crown to his father-in-law, received it back again as a fief from him, and was required to accept the assizes of Jerusalem as the law by which he should govern it.

This system of law differs from others in this important respect, that the highest nobility and bravest heroes of the Christian Orient were the most zealous and successful jurists. We cannot give them a special notice. The most distinguished was John of Ibelin, count of Jaffa, Ascalon, and Rama, born about the year 1200. His attempts to restore the lost _Lettres du Sepulcre_ has succeeded so well that his work has, until recently, been regarded as identical with those lost books, and even _now_, when the laws of the kingdom of Jerusalem are spoken of, the work of John of Ibelin is generally understood to be meant. It was this very book which the barons of the kingdom of Cyprus, in 1368, when Peter I, by his arbitrary rule, had subverted justice, set up in a solemn assembly as the code of the kingdom. In order to make it as like as possible to the _Lettres du Sepulcre_, it was sealed in the same manner, placed in a closed chest, and kept in the cathedral of Nicosia, and this chest was not allowed to be opened except in the presence of the king and four vassals.

When in the year 1489 the republic of Venice obtained, through Catharine Cornaro, possession of the isle of Cyprus, the republic bound itself by a solemn act to observe these assizes. The copy which had been preserved at Nicosia was subsequently lost by some unknown event, and when in the mean time the French language had ceased to be the prevailing one, there was a commission appointed in the year 1531 to make out a new text from the best manuscripts which could be found. This revision of the assizes of Jerusalem was translated into Italian, and was still in use in 1571, making the period during which it was in force almost five centuries.

Having thus traced the external history of this system, we now turn to its material contents.

No one any longer regards the forming of a system of law as an independent, arbitrary, or accidental thing. Every such must be a product and copy of the entire intellectual life of the age, and this piece of legislation is indeed a true mirror of the Christian world in Europe at the time; and the outline only rises more sharply, boldly, and clearly to view, because there is presented to us at the same time so rare a phenomenon in the march of civilization as the building up of a state organization, for which there is no foundation in the land where it is to be established.

The manner in which the spiritual elements fermented and boiled at that time in the Occident--how the most shocking rudeness and barbarism throve side by side with the most exalted religious enthusiasm--the lowest forms of materialism by the side of spiritual fanaticism--superstition, ignorance, and vile falsehood, side by side with energy, valor, and generosity--all this is drawn with sharpest features in the assizes.

The history shows us these men in their frantic cruelty, butchering the inhabitants of conquered Jerusalem, men, women, and children without distinction, delighting in their torment, and then, smeared with their blood, moving in procession to the holy places, singing their Christian songs of praise, all dissolved in tears of deepest emotion. They had left Europe in swarms, many so ignorant as not to know whether the holy land which they sought lay on this earth or in those regions which they had heard called heaven--so frenzied in their fanaticism as to forget that they might still have bodily wants, and hence throwing away their effects, and yet so low in their ideas as only to enjoy physical things. Such are very much the men for which these laws seem to have been made. Upon one leaf we read: 'That man is without sentiments of honor, though he be of highest rank, who, being called to stand as counsel by the lowest vassal, before a tribunal of justice, declines to do so; for they are all alike the true followers of Christ;' and by the side of this that most unchristian of all legal institutions, slavery, assumes a form so barbarous that the legislator does not blush to place slaves, though among them were Christians, on the same level with domestic animals.

This same irreconcilable opposition which appears in moral principles, shows itself again in the political foundation of the assizes. Originating in the clash of arms, grown up in the contests and necessities of war, on a soil where nothing but constant war could save it from annihilation, the system is purely martial--made for conflict and strife. And still it is but one side which shows this character; for, in the midst of this precarious existence of the new kingdom, is seen an elevation of commerce till then unknown--a pursuit of trade for which feudal ideas had provided no place. As Schiller declared that the Crusaders laid the foundation of civil liberty in Europe, so we may say that in the assizes of Jerusalem the narrow views in regard to civil life, which controlled the west of Europe in the middle ages, were exploded. Here the idea of the modern state dawned, though of course and singularly enough, side by side with its absolute antithesis, the feudal state in its purest form.

In the ancient view, it was natural that any man should rule who had the power, and incomprehensible that any one should allow himself to be ruled who could avoid it. Any other than a forced relation to a lord was nonsense to antiquity, and the moral duty of obedience was unknown.

The idea of voluntary obedience, however, having dawned and become penetrated with the light of Christianity, formed the first element of the feudal system. No prescribed series of duties within the cold enclosure of legal forms bound mutually to each other the lord and his vassal. They were bound by the all-embracing feeling of fidelity. Hence the Lombard law of feuds compares the relation to that of husband and wife.

While on the one hand, in the youth of this institution, the virtues which spring from reciprocal fidelity and love developed themselves from this relation--a relation inwardly and mutually binding lord and vassal, and resulting in holding together all the members of the state--so on the other hand, where there is no restraint to insolence and arbitrary despotism, except that found in the mere sense of moral obligation, they transcend all bounds, and find their natural reaction in the resistance of the subject, destroying the very idea of a state. In the feudal system, however, it is not the state which guarantees, secures, and defends the rights of the individual. Whoever claims protection and justice is referred to his immediate feudal superior, to whom alone, and not to the state, as a whole, he owes duty. The state, as a moral person--as a society--is entirely in the background.

It is one of the rarest phenomena which present themselves in the Christian laws of the Orient, that in connection with this state-life based upon pure private right, the modern notion of society should have had its rise. One of the first appearances of change was in the criminal law of the assizes. Not that this rose above the spirit of the times, for it was barbarous in the extreme, impregnated throughout with the idea of literal retaliation--for instance, whoever secretly buried a dead body, must be buried alive--and again, it recognized scarcely any punishment but death and the most horrid mutilations, such as cutting off of nose, ears, tongue, hands, etc., and cannot, with all the palliations arising from the necessities of the Crusaders, be regarded as an improvement upon the preceding.

But among the genuine products of the middle ages, suddenly arose a principle which has become the basis of modern criminal law, though it won its first recognition, and that with difficulty, centuries later.

Punishment inflicted upon the guilty was at that time universally regarded as an atonement due to the injured person, but the assizes declare: 'Punishment is decreed, not in the interests of the injured, but in those of the entire state.'

In carrying out this principle, the sufferer from theft, when he might have taken the thief and voluntarily let him go, was punished by forfeiture of body and estate to the feudal lord, and the assizes declare that 'when no one in case of murder appears to make complaint, the king, or the ruler of the land, or the lady of the city where the dead was found, shall do so, for the blood of the slain cries to heaven.'

As before intimated, there are two grand divisions of the assizes. Those of the high court contain a complete system of feudal law, of which indeed a fuller view could scarcely be found than the one above named by John of Ibelin. The feudal law of the Orient was like that of France of that day, though peculiarities are everywhere to be met with as the result of the constant state of siege in which Jerusalem was involved; and hence the fact that the feudal system, which had its birth in war, and led ever thither again, appears nowhere more clearly and fully than in these assizes.

Reference has been made to the shortness of the period allowed by the statute limiting titles and claims. Of the same class is the rule that when a fief falls to one, he cannot claim it unless he be present in the land and seek the investiture in his own person. Hence is explained the oft-repeated maxim of the feudal lawyers of Jerusalem: _A mort ne peut aucune chose escheir_; which means that in matters of inheritance, substitution is not valid, and each must derive his claim from the last holder of the fief--thus restricting the succession of minors, who would need protection.

In this oriental law there was a peculiarity in regard to granting leave of absence to vassals. We have seen that the vassal was not allowed to leave home, lest his services should be lost to the state in a time of danger. But a journey back to Europe might be necessary, and in this case the two interests were united by an arrangement called _le commendement du fief_, by which the vassal gave up his fief to his lord, who received its income and secured the absent owner against the provisions of the law limiting the claims of absentees to one year.

Feudal duties were the same in the Orient as in the Occident, since fidelity is always and everywhere the same thing; but the greater perils which encompassed the Crusaders led to a more rigid exaction of the performance of these duties.

In regard to the homage which the feudal tenant performs on entering into this relation, the assizes say:

'If a man or woman pay homage to the chief feudal lord of the
kingdom, they shall, with their folded hands lying in his, say:
'Sire, I will be your vassal for this fief, and I promise to
protect and defend you for life and for death.' And the lord shall
answer: 'And I accept thee with God's faithfulness and my own;' and
he shall in faithfulness kiss him upon the mouth.'

A special duty in the Orient was to redeem a feudal lord from captivity among the enemies of the cross, even by pawning or selling one's own fief or that obtained through a wife. The chief duty, however, even in this case, was that of military service, and in the Venetian manuscript is to be found the rule by which this service was to be rendered.

A peculiar case deserves here to be mentioned. It might happen that a man held tenures from two different lords. This was not in itself inadmissible, and he had only, in accepting the latter fief, to make a reservation of his fidelity to an earlier lord. He could then discharge his duty to one by a substitute, and might even render service to one against the other. It was only forbidden personally to fight a feudal lord. John of Ibelin says:

'In such case the vassal shall appear before his lord, and shall
say to him, in the presence of his men: 'Sire, I am your man, but
with reservation of my duty to N. N. This N. N. now comes in arms
against you, and I regret that I cannot help you, because my lord
is on the other side, and I cannot bear arms against him, _where
his body is_; I must, therefore, report myself as _personally_
serving neither you nor him. I desire my people to serve you
against him who would rob you, and who now leads the contest
against you.''

Women to whom a fief or the guardianship of one should fall, could not of course render military service; but in place of this, they were obliged to marry--a punishment by most perhaps not deemed severe, except for the fact that they could not freely choose their own husbands.

John of Ibelin says that 'if a fief fall to a girl of twelve years or more (if younger, she is to be held under a guardian, according to law), the feudal lord can summon her to take a husband.' This may be done by the lord in person, or by his authorized attorney, who thus addresses the lady: 'My lady, I offer you, in the name of my lord (name given), three knights (names all given), and call upon you in his name, within the time of (time specified), to take one of the three whoso names have been given you.' This may not, after all, be a great hardship, for the ladies of our time and land are not sure of three candidates to choose from. These three must of course have been of the lady's own rank, and have given their own consent to the presentation of their names--otherwise it would be no offer.

'If the lady thus warned shall not, within the prescribed time,
either choose one of the three candidates, or assign for not doing
so a reason acceptable to the court,'--for instance, that she was
more than sixty years old would be a valid reason, since if she had
a husband living, he would not be required to serve after that
age,--'she shall lose the fief for one year, after which time the
lord may challenge her again.'

On the other hand, if the lord shall omit to make this demand, the lady can serve a warning upon him, that he must, within three times fourteen days, present her three eligible candidates for her choice in marriage, and if he shall fail to do so, she can then choose for herself. If the lord had failed, however, because he could not find the men who were willing to run the risks of this candidacy, it is difficult to perceive what additional inducements the lady's efforts could furnish.

So much for the law of the chivalry of the kingdom, I now pass to that of the burghers.

The assizes of the burghers' court offer neither in matter nor in form so complete a system as that already noticed. On the contrary, it is but a motley and confused jumble, more like a collection of decisions in concrete cases than a proper law book. They are, however, exceedingly rich in interesting matter.